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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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2009-01-09-2

Law on Control of Marketing and contract terms etc. (Marketing Act).


Date LOV-2009-01-09-2


Ministry of Children and Equality

Edited

LOV-2016-06-17-29 from 01/07/2016


Published in 2009 Booklet 1


Commencement 01/06/2009

Changes
LOV-1972-06-16-47

Promulgated
09.01.2009 kl. 14.05

Short Title
Marketing Act - MCA.

Chapter Overview:

Chapter 1. General provisions (§§ 1-5)
Chapter 2. Commercial practices towards consumers (§§ 6 - 10a)
Chapter 3. Particular forms of marketing, etc. (§§ 11-18)
Chapter 4. Especially for the Protection of Children (§§ 19-21)
Chapter 5. Control of contract terms etc.. (§§ 22-24)
Chapter 6. Protection of the interests of traders (§§ 25-31)
Chapter 7. Enforcement (§§ 32-43)
Chapter 8. Cross-border enforcement, etc. (§§ 44-47)
Chapter 9. Penalties and civil penalties (§§ 48-49)
Chapter 10. Commencement, repeal of former law, transitional provisions and amendments to other acts (§§ 50-51)
EEA agreement Annex XIX. 7f (Regulation (EC) no. 2006/2004) on cooperation between national authorities responsible for the enforcement of consumer ...
Chapter I. Introductory provisions
Chapter II. Mutual assistance
Chapter III. Conditions for mutual assistance
Chapter IV. Community activities
Chapter V. Final Provisions
Annex. Directives and Regulations covered by Article 3 letter a)

Ref. former Law 16 June 1972 No.. 47 concerning the control of marketing and contract terms (Marketing Act). - Ref. EEA Agreement Annex IX. 31e (dir 2002/65) and Annex XIX. 2 (dir 2006/114), no. 7f (frd. 2006/2004), no. 7g (Directive 2005/29 / EC) and no. 7i (dir 2011/83).

Chapter 1. General Provisions

§ 1. The law applies Act applies control of marketing, commercial practices and contract terms in consumer contracts and requires sound business practices between businesses.

§ 2. Good marketing practice etc.. Marketing must not be contrary to good marketing practice. When assessing the emphasis is on the marketing offends general ethical and moral beliefs, or whether it be offensive means.
Marketer and the designer of the marketing shall ensure that the advertisement is not in conflict with the equality between the sexes, and that it does not exploit one gender body or give the impression of an offensive or derogatory appraisal of women or men.
When assessing whether the first or second paragraph is violated, the emphasis is on the marketing, because of its design, format, scope or other means, appears to be particularly intrusive.

§ 3. Presentation and documentation of marketing marketing shall be designed and presented in a way that it clearly appears as marketing.
Claims made in marketing facts, including as to the properties or effects shall be documented. The documentation shall be available at the advertiser's hand when marketing takes place.

§ 4. The geographical scope of Act applies to acts and conditions that are aimed at consumers or businesses in this country, with the limitations imposed by other legislation.
With the exception of Section 6 the law also applies to acts and conditions which take effect abroad, when they are illegal also under the law of the country in which they have effect.
King may by regulation determine whether and to what extent this Act shall apply to Svalbard and Jan Mayen.

§ 5. Definitions For purpose of this act

A)

Consumer: an individual who is not primarily acting in business,

B)

Trader: a natural or legal person who runs a business, and anyone acting in the name of or on behalf,

C)

Performance: product, service, real estate, rights and obligations,

D)

Trade practice means any act, omission, conduct or representation, commercial communication including advertising and marketing, from a trader, directly related to promoting, sale or supply of a product to consumers,

E)

Guarantee: any commitment by the trader has undertaken to the consumer in connection with the supply of goods, services or other products that give the consumer rights as well as rights consumers have otherwise.

Chapter 2. Commercial practices that affect consumers

§ 6. Unfair commercial practices Unfair commercial practices are prohibited.
A commercial practice is unfair if it is contrary to good business practice towards consumers and is likely to materially distort consumers' economic behavior so they make decisions they would not otherwise have made.

If a commercial practice is directed to a particular group of consumers, or if only a clearly identifiable group of consumers is particularly vulnerable because of mental or physical weakness, age or credulity and the trader should have understood this, assessed your practice extravagance from the the consumer group perspective. The protection of vulnerable groups does not affect normal and legitimate practice of making exaggerated statements which are not meant to be taken literally.
A commercial practice is always unfair if it is misleading according to § 7 or § 8, or aggressive under § 9.
Ministry determines by regulation the types of commercial practices under all circumstances to be considered unfair.

§ 7. Misleading actions A commercial practice is misleading if it contains false information and is therefore untruthful or otherwise is likely to mislead consumers with regard to one or more of the following elements:

A)
performance existence or nature

B)
the main characteristics of such its availability, benefits or risks, the workmanship, quantity, composition, specifications, accessories, origin, how or when performance is produced or provided, delivery, use or fitness for purpose, results to be expected from the use, testing or checks carried out on the product, or after sales service and complaints,

C)
extent of the trader's commitments, the motives for the commercial practice and the sales process, any statement or symbol in relation to direct or indirect sponsorship or approval of the trader or performance,

D)
price of the product or how the price is calculated, or the existence of a price advantage,

E)
need for a service, part, replacement or repair,

F)
of the trader or the trader's agent nature, attributes and rights

G)
consumer rights, including the right to replacement or reimbursement, or risk consumers may be exposed,

H)
the trader's obligation to comply with industry norms.

Practice shall nevertheless only as misleading if it is likely to influence consumers to make an economic decision that they would not otherwise have made.
It is also misleading if marketing of a product, including comparative advertising, which creates confusion with a competitor's product or trade mark, trade name or other characteristics.

§ 8. Misleading omissions A commercial practice is misleading if it, in its factual context, after an overall assessment, omits or hides material information that consumers in the context need to take an informed financial decision or presenting information in an unclear, unintelligible, ambiguous or untimely manner. In assessing whether information has been omitted, shall be taken into consideration space or time limitations on the medium used to communicate the commercial practice, and any measures taken by the trader to make the information available to consumers by other means.
Practice shall nevertheless only as misleading if it is likely to influence consumers to make an economic decision that they would not otherwise have made.
By invitation to purchase is considered the following information as essential if they are not already defined:

A)
information about the main characteristics of, where relevant for media and performance,

B)
information on the trader's geographical address and identity and if applicable, the geographical address and identity of the trader that he is acting on behalf of,

C)
information on arrangements for payment, delivery, performance and complaint handling, if they depart from the requirements of good business practices towards consumers,

D)
for benefits and transactions involving a right of withdrawal or cancellation, information about the existence of such a right.

The same applies to information about the price inclusive of taxes, or where the nature means that the price can not reasonably be calculated in advance, how the price was calculated. Where applicable, any additional costs relating to freight, delivery or postage stated. If charges can not reasonably be calculated in advance, a statement that there may be such additional charges.
Invitation to purchase means a commercial communication which indicates the characteristics and price in a suitable way for the commercial communication and thus enables consumers to make a purchase.


§ 9. Aggressive commercial practices A commercial practice is aggressive if, in its factual context, after an overall assessment, by harassment, coercion, including the use of physical force, or undue influence is likely to significantly limit consumers' choice or conduct with regard with a performance. With undue influence means exploiting a position of power in relation to consumers to apply pressure, even without using or threatening to use physical force, in a way that significantly reduces consumers' ability to make an informed decision.
In determining whether a commercial practice is aggressive, it must be taken into account

A)
time, location, nature and duration,

B)
use of threatening or inappropriate language or behavior,

C)
the trader's exploiting a specific misfortune or circumstance that is so severe that it can impair the consumer's judgment, of which the trader is aware, to influence the consumer's decision with regard to the product,

D)
onerous or disproportionate obstacles that do not follow the agreement, the trader imposes when consumers wish to exercise rights under the contract, including rights to terminate a contract or switch to another product or another trader ,

E)
any threat of unlawful acts.

Practice shall nevertheless only as aggressive if it is likely to cause consumers to make an economic decision that they would not otherwise have made.

§ 10. Prismerking etc. Whoever in trade sells goods, services or other benefits to consumers, shall as far as practicable provide information on prices, so they can easily be seen by customers.
Ministry may issue more detailed regulations on the implementation of the requirement under subsection.
To facilitate the evaluation of prices and quality of goods and services, the Ministry may by regulation order traders to implement measures beyond the requirements of the decree in the first paragraph. Such regulation on information measures may include

A)
order marking, notice or other information on prices, business conditions, quality and other characteristics,

B)
order grading and provisions regarding weights and measures and information about the price pr. unit (unit prices) for goods offered for sale.

§ 10a. Information about complaints body and the platform for online dispute resolution, etc. Business shall in a clear and understandable way to provide information to consumers about complaints body that could deal with the matter between the parties, and which is registered under the law on appeal bodies for consumer affairs § 27. The information shall refer to complaint bodies' websites. The information shall at a minimum be provided in general terms of the agreement, where one exists, and on the trader's Internet homepage, where such exist. Information should be readily available at home.
Employed shall inform the consumer in accordance with subsection when there is issue between the parties, and it is clear that the parties themselves do not come to an amicable solution. The information shall be in writing or on another durable medium. With durable medium means any device that allows consumers able to store data in such a way that the information in the future is available in unchanged form.
[Businesses that enter into agreements with consumers on the Internet, or online marketplaces, going on their websites have an easily accessible electronic link to the platform for online dispute resolution, which is established by the implementation of Regulation (EC). 524/2013 on online dispute resolution in consumer Affairs, cf. Act on appeal bodies for consumer affairs § 28. the information about the platform shall also be indicated in the general contractual terms and conditions, where these exist. The trader shall also inform consumers about the platform can be used in the treatment of matter between the parties. Where the offer to the consumer is made using email, the email will contain an electronic link to the platform. The trader should be on their Internet homepages also provide information on their e-mail.]
Subparagraph into force from the King decides, see Law 17 June 2016 No.. 29 § 29.

Chapter 3. Particular forms of marketing, etc.

§ 11. Demand for payment for goods, services or other products without prior agreement, etc.. In business, it is prohibited

A)
demand payment for goods, services or other products without prior agreement,

B)
supplying goods, services or other products with claims for payment without prior agreement.

When delivered in violation of subsection b, the receiver is not obligated to pay, so unless otherwise provided by statute.

In business, it is prohibited to refer consumers to contact the trader in connection with a treaty to a phone number that charges the consumer with a higher cost than the basic rate.
Before an agreement is entered into, the business shall obtain the consumer's express consent to any payment beyond compensation for the main performance. If such consent is not obtained, but are assumed using standard solutions that consumers must opt ​​out to avoid additional charges, the consumer has the right to receive reimbursement for additional payment.
Ministry may by regulation issue further provisions concerning documentation requirements and record keeping for agreements.

§ 12. Right to opt out of marketing by telephone or addressed mail Consumers can opt out of marketing by telephone or addressed mail by registering names and addresses of the central opt-out register for direct marketing (Exclusion Register). Those who register Exclusion Register, may indicate that the reservation should not apply to marketing for the benefit of NGOs.
Traders who marketing by telephone or addressed mail, update their address registers Exclusion Register before initial inquiry and before calling on a monthly basis.
Both consumers and other individuals may opt out by contacting the trader.
King may issue regulations with further rules for Exclusion Register.

§ 13. Effects of reservation in employment is prohibited to direct marketing by telephone or addressed mail to natural persons who have reserved against Exclusion Register or by contacting the trader.
First paragraph does not preclude the person who has opted out utrykkelig1 requesting traders or organizations to be contacted despite reservation.
Reservation Exclusion Register does not apply to marketing by telephone or addressed mail in existing customer relationships where the contracting trader has obtained the contact information in connection with the sale. Promotion may then apply only to the trader's own goods, services or other benefits similar to those customer relationship is based. When your name, address and telephone number are collected, and possibly at each subsequent marketing communication, the customer easy and free opportunity to opt out of receiving such communications.
First to third paragraphs apply correspondingly to NGOs raising campaigns.

§ 14. Prohibition telephone marketing at some times in business, it is prohibited to direct marketing by telephone to consumers on Saturdays, public holidays or days as the law is equated with public holidays and on working days before kl. 09:00 after noon. 21:00.

§ 15. Restrictions on the use of certain methods of communication in business activity is prohibited, without the recipient's prior consent, to direct marketing communications at natural persons using electronic methods of communication that allow individual communication, such as electronic mail, fax or automated calling systems (voice machine) .
Prior consent required under subsection does not apply to marketing where the individual is contacted orally by telephone.
Prior consent required under subsection does not apply marketing by electronic mail to existing customers where the contracting trader has received the electronic address in connection with the sale. Marketing may only relate to the trader's own goods, services or other benefits similar to those customer relationship is based. When the electronic address is collected, and possibly at each subsequent marketing communication, the customer easy and free opportunity to opt out of receiving such communications.
With electronic mail meant in this provision any communication in the form of text, voice, sound or image sent over an electronic communications network, and that can be stored in the network or in the terminal equipment until the recipient retrieves it. Including covered text and multimedia messages to mobile phone.
E-Procurement Act, including § 9 on electronic marketing, comes in addition to this provision.

§ 16. Duty of disclosure by unsolicited marketing by telephone or addressed mail Employed who conduct unsolicited marketing by telephone or addressed mail shall state who has provided personal information as the basis for the inquiry.

By unsolicited marketing by telephone to consumers, the trader shall immediately introduce himself and explain that communication to take place for marketing purposes. If the inquiry takes place on behalf of another, shall be stated. The trader shall inform the reservation clause under § 12. It shall be made for the recipient easily and freely to opt out by contacting the trader.

§ 17. Delivery of unaddressed advertising and free newspapers in employment is prohibited handing out or to provide an intermediary to deliver unaddressed advertising or free newspapers to consumers who have clearly stated that they oppose this. An intermediary shall not be responsible for delivery if the intermediary has been informed and has reason to assume that what comes out is not advertising or free newspaper.
Inserts in newspapers and other printed materials, which are covered by editorial responsibility is not considered unaddressed advertising or free newspaper under this provision.

§ 18. Additional Benefit of marketing to consumers Traders who marketing offers consumers an added advantage or an opportunity to obtain such an advantage, for example in the form of discounts, gifts, participation in competitions or games, must ensure that the conditions for using the offer is clear and easily accessible to consumers.

Chapter 4. In particular, the protection of children

§ 19. General provision Where a commercial practice is directed at children, or may be seen or heard by children should show particular diligence towards the impressionability, lack of experience and natural credulity.
In determining whether a commercial practice is contrary to the provisions of or pursuant to this Act shall be taken into account age, development and other factors that make children particularly vulnerable.

§ 20. Unfair commercial practices affecting children In determining whether a commercial practice is unfair under § 6 shall be given to whether the commercial practice is specifically aimed at children. Although commercial practice is not specifically aimed at children, emphasis must be placed on about it, because of the nature or the product, is likely to affect the children, and if the trader can be expected to foresee the particular vulnerability of practice.
It is forbidden to bring in advertisement a direct exhortation to children to buy advertised benefits or persuade their parents or other adults to buy advertised benefits to them.

§ 21. Particulars on good marketing practices to children when marketing to children considered under § 2, shall inter alia be placed on whether the marketing

A)
encourages offense, dangerous behavior or breaches of ordinary safety norms

B)
plays on social insecurity, guilt or low self-esteem,

C)
user frightening means or is likely to cause fear or anxiety, or

D)
use aggressive means such as violence, sexuality or drugs.

Chapter 5. Control of contract terms etc..

§ 22. Unfair contract terms Terms used or intended to be applied in trade with consumers may be prohibited if they are unfair to the consumers, and it's that prohibition is warranted in the public interest. The same applies to conditions to organizations that are not primarily acting in commercial activities, provided that the agreement will serve members' personal purposes.
In the assessment, emphasis shall be given to the balance between the rights and obligations and to the clarity in contractual relations.
Subsections do not apply to the content of the price terms and the pay and working conditions in the service of others. The King may issue further rules on the first and second paragraphs shall not apply to any other special contractual relationship.

§ 23. Requirements for warranty terms in consumer contracts Ytes the guarantee shall be in a clear and easily understandable way disclose the following in terms of the warranty:

A)
content of the guarantee, including any limitations and special conditions,

B)
that consumer's rights under the applicable law specified is in addition to the warranty, and that these rights are not affected by the guarantee,

C)
what is needed to apply the guarantee, including duration of the guarantee and geographic scope as well as guarantee the donor's name and address,

D)
maximum time limit for claims for current and specified law, if it is longer than the warranty period,

E)
that the matter can be advertised on the performance in its entirety under the applicable specified law, if the guarantee is limited, for example by the guarantee only applies to part of the performance or just some of the repair costs covered under warranty.


Where the marketing prior to the signing of the agreement is aimed at Norwegian consumers, the guarantee conditions shall be designed in Norwegian.
Before entering into the contract the guarantor shall inform the consumer about the warranty and that the consumer has the right to receive the guarantee conditions. When the consumer requests it, he or she shall receive warranty terms readable and stored on paper or another durable medium to the consumer.

§ 24. Demarcation of the Competition Act, Competition Act § 10 does not apply to contractual terms negotiated in cooperation with the Consumer Ombudsman.

Chapter 6. Protection of the interests of traders

§ 25. Good business practice in employment must not be undertaken action contrary to good business practice.

§ 26. Deceptive business practices in business activity is prohibited from using false or otherwise misleading representation which is likely to affect the demand for or supply of goods, services or other benefits. With representation in this Chapter means any form of announcement or statement made orally, in writing or otherwise, thus including descriptions, photos, demonstrations, packaging shape, size or equipment and the like.
Ministry may issue more detailed provisions on comparative advertising.

§ 27. Inadequate supervision etc. In business, it is prohibited to employ representation which is likely to affect the demand for or supply of goods, services or other benefits, when the preparation does not give adequate or sufficient guidance or irrelevant matter and therefore must be considered unreasonable.

§ 28. Trade secrets which have gained knowledge or possession of a trade secret in connection with an, tillitsvervs- or business relationship must not unlawfully exploit secret in business.
The same applies to anyone who has obtained knowledge or possession of a trade secret through someone's breach of confidentiality or through unlawful act otherwise.

§ 29. Technical aids Anyone who has been entrusted with technical drawings, descriptions, formulas, models or similar technical aids in connection with an, tillitsvervs- or business relationship must not unlawfully exploit them for commercial purposes.
The same applies to anyone who has obtained possession of technical drawings, descriptions, formulas, models or similar technical aids through the unlawful act.

§ 30. Imitation products of another person in employment is prohibited to use counterfeit marks, products, catalogs, advertising agents or other produced items in such manner and under such circumstances it must be considered an unfair exploitation of another's effort or results and entails a risk of confusion.

§ 31. Incorrect geographical indications for wines and spirits in business activity is prohibited from using geographical wine or spirits designations for wines and spirits that do not have the geographical origin designated by the description. This applies even if the actual origin is also indicated or the geographical indication is translated or accompanied by expressions such as "kind", "type", "imitation" el

Chapter 7. Enforcement

§ 32. Management, organization etc. Consumer Ombudsman and the Market Council shall supervise compliance with the provisions of this Act, except section 6, are complied with.
Consumer Ombudsman shall be appointed by the King for a period of six years without the possibility of reappointment.
Market Council shall consist of a chairman, deputy chairman and seven members, with personal deputies, who are appointed by the King. The term of office for members is four years. Market quorum when the chairman or vice chairman and at least four other members or deputies are present. Decisions are made by simple majority. At equality of votes the chairperson's vote is decisive.
The King may issue further regulations on the Consumer Ombudsman and the Market Council's organization and operations.
If a business which falls under this law is also subject to regulation or control provisions of other laws, the King may issue further rules on the delineations of the various authorities concerned and the cooperation between them.

§ 33. All persons are obliged to provide the Market or the Consumer Ombudsman the information demanded by these authorities to carry out their statutory duties, including information necessary to assess whether a commercial practice is unfair. Information may be required in writing or orally within a specified period.

Market and Consumer Ombudsman may conduct such investigations and inspections, including requests delivery of documents, objects, samples or other, as they are required to perform their statutory duties. If necessary, requested assistance from the police.

§ 34. Consumer Ombudsman supervisory area Consumer Ombudsman shall supervise compliance with provisions of this Act, Chapter 1 to 5, or regulations issued pursuant to this Act are complied with. The Consumer Ombudsman will continue to carry out such monitoring as Forbrukerombudet conferred by other regulations.
Consumer Ombudsman supervises by the above provisions in the interest of consumers. Authority pursuant to § 2 subsection happens anyway in the interest of gender equality, with particular emphasis on how women are prepared. Authority pursuant to § 10 of regulations on the consideration that consumers will be able to orient themselves in the market and easily compare prices.

§ 35. Consumer Ombudsman proceedings (bargaining model) Consumer Ombudsman shall on its own initiative or at the request of other seek to influence traders to comply with the provisions that the Ombudsman shall supervise in accordance with § 34, including by conduct negotiations with the trader or their organizations.
If the Consumer Ombudsman that an act is contrary to the provisions referred to in § 34 shall be applied to get the trader to enter into a voluntary arrangement that the practice should cease. The same applies to the conditions specified in Chapter 5. Consumer Ombudsman may require written confirmation from the trader that the infringement should cease.
If a voluntary arrangement is not reached, or if the conditions of § 36 are met, the Consumer Ombudsman may submit the case to the Market Council for decision. In cases mentioned in § 37, the Consumer Ombudsman may decide the matter against illegal actions or unfair contract terms.
Consumer Ombudsman may submit to the Market matters of principle relating to infringement of Chapters 1 to 5, or violation of law 4 December 1992 No.. 127 Broadcasting (Broadcasting Act) § 3-1 second paragraph and regulations issued pursuant to broadcasting Act § 3-1 fourth paragraph. This applies even if a voluntary settlement is reached.

§ 36. Cases where it is not necessary to seek a voluntary settlement If the Consumer Ombudsman that an act is in violation of regulations issued pursuant to § 6 subsection, § 10, regulations pursuant to § 10, § 11, § 12, § 13, § 14, § 15, § 16, § 17, § 18, first and second ledd1 or § 20, second paragraph, it is not necessary to seek to achieve voluntary arrangement under § 35, second paragraph. The same applies if the act or agreement condition is substantially identical to actions or conditions that the Market previously prohibited, or the trader is acting contrary to a written confirmation in accordance with § 35, second paragraph.
It is not necessary to seek to reach a voluntary settlement if documentation for a claim about a specific effect used in marketing is not submitted to the Consumer Ombudsman within 48 hours of application for this is received by the trader. The same applies in exceptional cases where an allegation of a specific effect obviously can not be documented.

§ 37. Consumer Ombudsman's decision competence Consumer Ombudsman may issue a decision pursuant to § 39 if no voluntary settlement is reached and the Consumer Ombudsman anticipates that it will cause inconvenience or harm to await Market Council resolutions.
Consumer Ombudsman may also adopt resolutions pursuant to § 39 if the Ombudsman considers the act or agreement condition is substantially identical to actions or conditions that the Market previously prohibited.
Consumer Ombudsman shall inform the Market about the decision. The decision is directed, may appeal the decision to the Market.

§ 38. Market Market deal with matters submitted to it by the Consumer Ombudsman. Consumer Ombudsman decides not to bring a case before the Market Council, may be brought by a trader or consumer affected by the action or condition, or by an association of traders, consumers or employees. Market may require the Consumer Ombudsman to bring specific cases to the Market.
Further, the Market complaints Consumer Ombudsman's decisions under § 37 and cases brought before the Market pursuant to § 35 subsection.

§ 39. Consumer Ombudsman and the Market Council resolutions Consumer Ombudsman or the Market may, if they find that intervention is required in the interests mentioned in § 34, second paragraph, make individual decisions

A)
ban under § 40,

B)
injunction under § 41,

C)
penalty according to § 42,

D)
violation penalty under § 43.

Market Council's decision is final.

Decisions can also be directed at accessories. This does not apply when a decision on advertising in violation of the law of 4 December 1992 no. 127 on broadcasting (the Broadcasting Act) § 3-1 second paragraph and regulations issued pursuant to the Broadcasting Act § 3-1 fourth paragraph. § 48 fifth paragraph apply correspondingly.

§ 40. Prohibition Decision Acts that contravene the provisions referred to in § 34 first paragraph may be banned. It may also be prohibited to use or intended use conditions specified in § 22

§ 41. Decisions on injunctions may be imposed as are necessary to ensure that a prohibition imposed by or pursuant to this Act.
It may requiring the disclosure of pricing information in accordance with § 10 first paragraph and by regulations issued pursuant to § 10 subsections.

§ 42. Decisions on coercive To ensure that decisions under §§ 40 and 41 shall be fixed periodic penalty payment as that decision is directed, should pay if he or she violates the decision. Determination of fines may be omitted if there are special reasons.
The fine may be imposed as a daily fine or as a lump sum. By determining the enforcement should be emphasized that it does not pay to infringe decision.
Final decision on payment of the fine is enforceable by execution.
In special cases, accrued penalties reduced or waived.
The King may issue further regulations concerning the imposition of fines.

§ 43. Decisions on administrative penalties in case of willful or negligent violation of regulations issued pursuant to § § 6 subsection, § 10, regulations pursuant to § 10, § 11, § 12, § 13, § 14, § 15, § 16, § 17, § 18, first ledd1 or § 20, second paragraph, which is either regarded as significant or have occurred repeatedly, it can be determined from a fine as that decision is directed, should pay.
In determining the amount of the fee shall be attached to the seriousness of the violation, scale and effects.
Administrative fines are payable four weeks after the decision is made. Final decision on administrative penalties are enforceable by execution.
King may issue more detailed rules on the calculation of fines.

Chapter 8. Cross-border enforcement, etc.

§ 44. Scope The provisions of this chapter shall apply to actions undertaken in industries which contravene the provisions of the EEA Agreement protect the collective interests of consumers as they are implemented in Norwegian law.
§§ 45 and 46 shall apply to acts contrary to the provisions implementing the EC legislation which has been included in Annex 1 of Directive 2009/22 / EC on injunctions for the protection of consumers' interests. Provisions shall only apply to actions undertaken in employment in Norway which has effect in another Member State or who is carried in a business in another Member State and have effect in Norway.
§ 47 shall apply to acts contrary to the provisions implementing the EC legislation that is included in the annex to Regulation (EC) No. 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws. This provision shall apply only if the offense affects consumers that are resident in another Member State than where the offense originated or took place, where the trader is established or where the evidence is located.
The Ministry shall issue regulations which provisions at all times protect the collective interests of consumers pursuant to the second and third paragraphs.

§ 45. Right to bring cases before the Consumer Ombudsman and the Market Foreign governments and organizations that are on the list of approved institutions under the EEA Agreement published by the European Commission in the European Community Capers Official Journal and in the EEA Supplement to this may bring the case to the Consumer Ombudsman and the Market with a view to a prohibition on conduct set forth in § 44, second paragraph.

§ 46. Approval of authorities and organizations Ministry approves Norwegian authorities and organizations that can act as a party in the case in other Member States with a view to a prohibition on conduct set forth in § 44, second paragraph. The Ministry informs the EFTA States Standing Committee of the designated authorities and organizations name and purpose, with the aim of listing on the list referred to in § 45.
Ministry may issue further regulations for approval pursuant to the first paragraph.


§ 47 Incorporation of Regulation on cooperation between national authorities responsible for the enforcement of consumer protection laws EEA Agreement Annex XIX. 7f (Regulation (EC) No. 2006/2004) on cooperation between national authorities responsible for the enforcement of consumer protection laws (Regulation on consumer protection cooperation) apply that law to the adjustments arising from the annex itself, protocol 1 to the agreement and the agreement otherwise.
Ministry appoints competent authorities enforce its provisions, and a central liaison office.

Chapter 9. Penalties and civil sanctions

§ 48. Penalties substantially violates § 6 fourth paragraph. Subsection regulations issued pursuant to § 6 subsection, § 11, § 13, § 15, § 20, second paragraph, § 26, § 27, § 28, § 29 or § 30, punishable by fines, imprisonment up to six months or both, unless more severe penal provisions apply.
Negligent substantial violation of § 7 or § 8 ref. § 6 fourth paragraph. Subsection, § 11, first paragraph, § 26 or § 27 punishable by fines, imprisonment up to six months or both, unless a stricter penal provision usage.
In determining whether an offense is essential, particular emphasis is placed on the infringement scope, effects and the degree of guilt. If the person or entity has been previously sentenced or violation charges for violation of this Act or regulations made under the Act, the penalty under subsections applied even if the breach is not significant.
Who willfully or negligently violates decisions taken in pursuance of this Act, punishable by fines, imprisonment up to six months or both, unless more severe penal provisions apply.
Penalties do not apply for infringements carried out by a salesman, catering or similar subordinate when infringement has essentially resulted from that person's dependent relationship with the trader.
Penalties do not apply to infringements of § 28 when knowledge or possession of business secrets obtained in a service or honorary relationship or through duty unconstitutional act in such a relationship and more than two years have passed since the relationship ended.

§ 48 a. Penalties and civil sanctions for unlawful use of geographical indications Whoever uses a geographical indication in violation of §§ 25, 26 or 31 is liable to fines or imprisonment for up to one year.
If there are aggravating circumstances, the penalty is a fine or imprisonment up to three years. In assessing whether aggravating circumstances exist, particular emphasis on the damage suffered by the aggrieved, including damage to its commercial reputation, the profit gained krenkeren have achieved and the scope of the offense in general.
For violation of subsections can Prosecution omitted if not the public's interest prosecution, cf. Criminal Procedure § 62 a.
Provisions on sanctions against trademark infringement in trademark law Chapter 8, except §§ 60, 61 and 61a , applies equally to the use of geographical indications in conflict with §§ 25, 26 or 31

§ 48 b. Compensation and damages for infringement of certain provisions of Chapter 6 for intentional or negligent violation of §§ 28, 29 and 30 shall offender pay for the wronged:

A)
remuneration corresponding to a reasonable license fee for exploitation, as well as compensation for damage caused by the offense that would not arisen Licensing,

B)
compensation for damage resulting from the offense, or

C)
compensation corresponding to the gain obtained by the infringement.

Compensation and damages determined by that of foundations in letters a to c which is favorable for the wronged.
The first paragraph applies equally to the participation.
Subsections applies equally in violation of §§ 25 and 26 consisting in imitation of someone else's product, feature, advertising agents or other creations.

§ 49. Criminal Procedural rules Prosecutors may in connection with criminal proceedings require a court order to ensure that the unlawful act ceases and to prevent its repetition.

Chapter 10. Commencement, repeal of former law, transitional provisions and amendments to other laws

§ 50 Commencement, repeal of former law and transitional provisions This Act applies when the King bestemmer.1 the same time the law 16 June 1972. 47 concerning the control of marketing and contract terms (Marketing Act). The King may bring into force individual provisions at different times.
Regulations issued pursuant to the Act of 16 June 1972. 47 concerning the control of marketing and contract terms (Marketing Act) apply after the Act has come into force.


§ 51. Amendments to other Acts From the time the law comes into force the following amendments to other Acts - - -

EEA Agreement Annex XIX. 7f (Regulation (EC) No. 2006/2004) on cooperation between national authorities responsible for the enforcement of consumer protection laws (Regulation on consumer protection cooperation).

Notice editorial Norges Lover: Mfl. § 47 does frd. 2006/2004 Norwegian law. Below we list the Norwegian version, taken from EEA Supplement No. 39/2009 / p. 470, without any EEA adaptation of wording.
[European Parliament and the Council of the European Union -
regard to the Treaty establishing the European Community, in particular Article 95,
Having regard to the proposal from the Commission,
Having regard to the opinion of the economic and social Committee,
after consultation with the Committee of the Regions,
accordance with the procedure laid down in Article 251 and
Whereas:

1)
In the Council resolution of 8 July 1996 on cooperation between management about handhevinga the rules governing the internal Marknaden acknowledged the Council the need for continued efforts to improve cooperation between administrations, and urged Member States and the Commission to to examine the possibility of strengthening administrative cooperation regarding the enforcement of regulations, and see this as a priority issue.

2)
Existing national provisions on enforcement of the regulations that protect consumers' interests are not adapted to the problems related to the enforcement of the internal market and it is currently impossible to achieve an effective and efficient cooperation in this area. These difficulties are an obstacle to public enforcement authorities can cooperate to detect and investigate violations within the Community of the regulations that protect consumers' interests and ensure cessation or prohibition. The result is that there is no effective enforcement across borders, enabling sellers and suppliers avoid enforcement by moving within the Community. This leads to distortion of competition for law-abiding sellers and suppliers that operate either at national level or across borders. The difficulties of cross-border enforcement weakens consumer confidence in deals across borders, and hence their confidence in the internal market.

3)
It is therefore appropriate on the one hand to make it easier for public authorities responsible for the enforcement of the regulations that protect consumers' interests to cooperate to deal with infringements in the Community, and on the other hand to help that the internal market functions in a satisfactory manner, the enforcement of the regulations that protect consumers' interests are consistent and maintained to a high standard, and to control that consumers have an economic protection.

4)
Community legislation contains provisions on cooperation network to ensure consumers a protection beyond the purely economic, not least in the health area. Network established by this Regulation and these other networks should exchange information on best practices.

5)
The scope of the mutual assistance provisions of this Regulation should be limited to offenses within the Community of Community legislation that protects consumers' interests. An efficient management of infringements at national level should ensure that domestic transactions and transactions within the Community are treated equally. This Regulation does not affect the Commission's responsibilities with regard to Member States' infringements of Community law, and it does not give the Commission the authority to stop violations within the Community as defined in this Regulation.

6)
To protect consumers against infringements within the Community must be established a network of public enforcement authorities throughout the Community. These authorities require a minimum of common investigation and enforcement powers to apply this regulation effectively and deter sellers or suppliers so that they are not guilty of offenses within the Community.

7)
To ensure consumers protection and a single market which works in a satisfactory manner, it is essential that competent authorities are able to cooperate freely on a reciprocal basis by exchanging information, detecting and investigating infringements in the Community and take measures to achieve cessation or prohibition.

8)

Competent authorities should also make use of other powers or other measures which they have at their disposal at the national level, including the authority to take out prosecution or refer matters for criminal prosecution as a result of a request for mutual assistance, aimed at immediately suspend or prohibit violations within the Community, as appropriate.

9)
Information exchanged between competent authorities must be subject to the strictest guarantees of confidentiality and secrecy in order to ensure that the investigation is not compromised or that the merchants or vendors' reputation does not suffer injury on an erroneous basis. Directive 95/46 / EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Regulation (EC) No. 45/2001 of 18 December 2000 Policy in connection with the processing of personal data by the Community institutions and bodies and on the free movement of such data should apply in connection with this Regulation.

10)
enforcement problems do not stop at the European Union's borders, and Community consumers need to be protected against dishonest traders established in third countries. There is therefore a need to negotiate international agreements with third countries on mutual assistance in the enforcement of the regulations that protect consumers' interests. Negotiations on such international agreements should, in the areas falling under this Regulation happen at Community level to ensure the best possible protection of Community consumers and a satisfactory enforcement cooperation with third countries.

11)
Member States' enforcement activities related to offenses within the Community should be coordinated at Community level with a view to improving the application of this Regulation and contribute to raising the standard of enforcement and make it more consistent.

12)
Member States 'administrative cooperation should be coordinated at Community level, to the extent that cooperation has a Community dimension, with a view to improving the application of the regulations that protect consumers' interests. With the creation of the European extrajudicial network is one such coordination already exists.

13)
When the coordination of Member States' activities under this Regulation entails financial support from the Community shall grant decision taken under the procedures laid down in Council Decision 2004/20 / EC of 8 December 2003 on the introduction of a general framework for financing community actions in support of consumer policy for the period 2004-2007, particularly measures 5 and 10 of the decision Annex, and in future decisions.

14)
Consumer organizations have a very important role with regard to enlighten and sensitize consumers and protecting their interests, also in connection with the dispute, and they should be encouraged to cooperate with competent authorities to enhance the application of this Regulation.

15)
The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468 / EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission.

16)
An effective monitoring of the application of this Regulation and an effective consumer protection requires regular reports from the Member States.

17)
This Regulation respects the fundamental rights and observes the principles recognized in particular by the European Union's Charter of Fundamental Rights. This Regulation should be interpreted and applied in accordance with these rights and principles.

18)
Since the objective of this Regulation, namely cooperation between national authorities responsible for the enforcement of consumer protection laws, can not be sufficiently achieved by the Member States since they alone can not ensure cooperation and coordination, and therefore be better achieved at community level, the community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5. in accordance with the principle of proportionality set out in that Article, this Regulation does not go beyond what is necessary to achieve that goal -

Adopted this Regulation:]
Chapter I. Introductory provisions

Article 1 Objective This Regulation lays down the conditions under which Member States 'competent authorities responsible for enforcement of the regulations that protect consumers' interests shall cooperate with each other and with the Commission to ensure that these regulations are adhered to, that the internal market functions in a satisfactory way, and that consumers are given a stronger economic protection.

Art 2. Scope

1. The provisions on mutual assistance in Chapters II and III shall apply to offenses within the Community.

2. This Regulation shall not affect Community rules on private international law, and especially the provisions on jurisdiction and applicable law.

3. This Regulation does not affect Member States' application of measures relating to criminal and civil law cooperation, and especially the business within the European judicial network.

4. This Regulation does not affect Member States' fulfillment of any additional obligations relating to mutual assistance in connection with the protection of the collective economic consumer interests, including in criminal matters, and resulting from other legal acts, including bilateral or multilateral agreements.

5. This Regulation does not affect Directive 98/27 / EC of 19 May 1998 on the closure of prohibition with regard to the protection of consumer interests.

6. This Regulation does not affect Community legislation on the internal market, and particularly the provisions relating to free movement of goods and freedom to provide services.

7. This Regulation does not affect Community legislation on services related to broadcasting.

Article 3 Definitions For the purposes of this Regulation

A)
"regulations that protect consumers 'interests," directives in the Annex as they are incorporated into Member States' national law and regulations listed in the Annex

B)
'infringement within the Community' means any act or omission which is in violation of the regulations that protect consumers' interests, as defined in a), and which harm or may harm the collective interests of consumers residing in another or member States other than the member state where the act or omission originated or took place; or where the responsible seller or supplier is established; or where there is evidence or assets that can be linked to the act or omission,

C)
"competent authority" means any public authority at national, regional or local level with a particular responsibility to enforce regulations that protect consumers' interests,

D)
"central liaison office", the public authority in each Member State designated as responsible for coordinating the application of this Regulation in the Member State concerned,

E)
"responsible official", an official of the competent authority designated as responsible for the application of this Regulation,

F)
"requesting authority", the competent authority requesting mutual assistance,

G)
"requested authority", the competent authority that receives a request for mutual assistance,

H)
"seller or supplier" means any natural or legal person who, with regard to the regulations that protect consumers' interests, acting within the scope of their business, their business, their craft or their profession,

I)
"market surveillance activities" measures taken by the competent authority to determine whether violations within the Community has taken place on its territory

J)
"consumer complaint" means a reasonably substantiated claim that a seller or supplier has committed or might commit a violation of the regulations that protect consumers' interests,

K)
"collective consumer interests", a number of consumers' interests, which have suffered damage or may suffer injury as a result of a violation.

Article 4 Competent authorities
1. Each Member State shall designate the competent authorities and a central contact body responsible for the application of this Regulation.

2. Each Member State may, if it is necessary for it to fulfill its obligations under this Regulation, designate other public authorities. It may also designate bodies having a legitimate interest of the offenses within the Community stopped or forbidden, in accordance with Article 8. 3.

3. The competent authority shall, without prejudice to the provisions of no. 4, have the authority to conduct investigations and enforcement is necessary for applying this Regulation and shall exercise this authority in accordance with national law.

4. The competent authority may in accordance with national legislation exercise the powers referred to in paragraph. 3, either

A)
directly under their own authority or under the supervision of the judicial authorities, or

B)
by referring the matter to a court that has the authority to make the necessary decision, possibly by re-examination if the request to take the necessary decision is not upheld.


5. Insofar as competent authorities exercise their powers by referring cases to the Court in accordance with paragraph. 4 letter b), this court have jurisdiction to take the necessary decisions.

6. The authority referred to in paragraph. 3 shall be exercised only when there are reasonable grounds to suspect a violation within the Community, and shall include at least the right to

A)
having access to all relevant documents, in any form, related to the infringement within the Community

B)
to demand any person relevant information related to the infringement within the Community

C)
conducting the necessary checks on the spot,

D)
enunciate a written request that the person selling or supplier stops infringement within the Community

E)
getting the seller or supplier responsible for the infringement within the Community to undertake to stop the infringement, and possibly to publish the existing obligation

F)
requiring that any infringement within the Community stopped or prohibited, and possibly to publish the decisions made in this regard,

G)
to require the losing party to pay compensation to the Treasury or to a beneficiary designated in or under national law, if the decision is not complied with.

7. Member States shall ensure that competent authorities have sufficient funds to apply this Regulation. Responsible officials should follow professional standards and appropriate internal procedures or rules of conduct that ensure, in particular that individuals be given protection by processing of personal data, that the proceedings are fair and equitable, and that the rules laid down in Article 13 on confidentiality and professional secrecy must be observed.

8. Each competent authority shall make their rights and responsibilities under this Regulation publicly disclosed, and shall designate responsible officials.

Article 5 Lists
1. Each Member State shall inform the Commission and other member states of the name of the competent authorities and other public authorities and bodies having a legitimate interest of the offenses within the Community stopped or prohibited, as well as on the central liaison body.

2. The Commission shall publish and update the list of central liaison bodies and competent authorities in the Official Journal.

Chapter II. Mutual assistance

Article 6 Exchange of information on request
1. When a requesting authority asks for it, a requested authority in accordance with Article 4, immediately submit all information relevant to determining whether there has been an infringement within the Community, or if there are reasonable grounds to suspect that it will take place.

2. The requested authority shall, if necessary with the assistance of other public authorities, initiate appropriate investigations or any other necessary or appropriate measures in accordance with Article 4, with a view to obtaining the necessary information.

3. When the requesting authority so requests, the requested authority to grant permission for a responsible official of the requesting authority included the requested authority officials in their investigation.

4. The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19. 2

Article 7 Exchange of information without request
1. When the competent authority becomes aware that a violation within the Community has taken place, or has reasonable grounds to suspect that it will happen, it shall immediately provide the competent authorities of other Member States and the Commission informed of this, and provide them with all necessary information.

2. When the competent authority from taking further enforcement measures or receives requests for mutual assistance in connection with the violation within the Community, it shall afford other Member States and the Commission is notified of this.

3. The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19. 2

Article 8 Requests for enforcement measures
1. A requested authority shall, when a requesting authority asks for it, take all enforcement measures necessary to immediately suspend or prohibit the violation within the Community.


2. In order to fulfill its obligations under paragraph. 1 the requested authority shall exercise the powers referred to in Article 4. 6, and all other powers conferred under national legislation. The requested authority shall, if necessary with the assistance of other public authorities, determine what enforcement action to be taken to stop or prohibit the violation within the Community which are effective and proportionate to the infringement.

3. The requested authority may also fulfill its obligations under paragraph. 1 and 2 by providing a body, in accordance with Article 4. 2, second sentence, is designated as a body with a legitimate interest of the offenses within the Community stopped or prohibited, tasked to take all necessary enforcement measures under its domestic law are available, to stop or prohibit the violation within the Community on behalf of the requested authority. If this body does not immediately stop or prohibit the violation within the Community, the requested authority continued its obligations under paragraph. 1 and 2.

4. The requested authority may take the measures referred to in paragraph. 3 only if the prior consultation with the applicant authority on the use of these measures and both the requesting and the requested authority is agreed as follows:

-
Measures referred to in paragraph. 3 will be at least as effective as measures of the requested authority side, with regard to suspend or prohibit the violation within the Community

And

-
When the body appointed by national law receive this mission, it leads not to that information protected under article 13 disclosed to the competent body.

5. If the requesting authority considers that the conditions in paragraph. 4 are not met, it shall state in writing the requested authority about this and justify their views. If the requesting authority and the requested authority are not in agreement, the requested authority may refer the matter to the Commission which shall make a statement after the procedure referred to in Article 19. 2

6. The requested authority may consult the applicant authority during the implementation of enforcement measures referred to in paragraph. 1 and 2. The requested authority shall notify the requesting authority, the competent authorities of the other Member States and the Commission statement on the measures taken and what effect they have had on offense within the Community including whether the offense is stopped.

7. The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19. 2

Article 9 Coordination of market surveillance activities and enforcement
1. Competent authorities shall coordinate their market surveillance activities and their enforcement. They shall exchange all information necessary for this purpose.

2. When competent authorities become aware that an offense within the Community damage the interests of consumers in more than two Member States, the competent authorities concerned coordinate their enforcement actions and requests for mutual assistance through the central liaison body. In particular they shall endeavor to coordinate their investigation and enforcement in time.

3. The competent authorities shall notify in advance the Commission of this coordination and may invite the officials and other accompanying persons authorized by the Commission, to participate.

4. The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19. 2

Article 10 Database
1. The Commission shall administer an electronic database for the storage and processing of information it receives under Articles 7, 8 and 9. Only the competent authorities should have access to the information in the database. The competent authorities shall, with regard to their responsibilities for reporting information to be stored in the database and the processing of personal data that this implies, is considered as controller in accordance with Article 2 d) of Directive 95/46 / EC. The Commission shall, with regard to its responsibilities under this Article and the processing of personal data that this implies, is considered as controller in accordance with Article 2 d) of Regulation (EC) No. 45/2001.

2. If the competent authority finds that it has given a notice of violation within the Community under Article 7, which later proved to be without foundation, it shall withdraw the notification and the Commission shall immediately remove the information from the database. When a requested authority gives the Commission notification pursuant to Article 8. 6 that an infringement within the Community is stopped, the stored information about the violation within the Community deleted five years after release.


3. The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19. 2

Chapter III. Conditions for mutual assistance

Art 11. General Liability
1. Competent authorities shall fulfill their obligations under this Regulation as though they were acting on behalf of consumers in their own country, their own expense, or at the request of another competent authority in their own country.

2. Member States shall take all measures necessary to ensure that the application of this Regulation are coordinated effectively through the central liaison body, as applied by the competent authorities, of other public authorities and bodies they have designated and which have a legitimate interest that violations within the Community stopped or prohibited, and the competent courts.

3. Member States shall encourage cooperation between the competent authorities and other bodies under national law, a legitimate interest in ensuring that infringements within the Community stopped or forbidden, to ensure that possible violations within the Community immediately notified to the competent authorities.

Article 12 Procedures request for mutual assistance and exchange of information
1. The applicant authority shall ensure that all requests for mutual assistance contain sufficient information to enable a requested authority to fulfill the request, including any necessary evidence obtainable only in the applicant authority's territory.

2. Requests shall be sent by the applicant authority to the requested authority central liaison office, via the requesting authority central liaison office. The requested authority central liaison office shall immediately forward the request to the competent authority.

3. Requests for assistance and all communication of information shall be made in writing using a standard form and submitted electronically via the database referred to in Article 10

4. The competent authorities concerned shall agree on which language to use in requests and the provision of information, prior to the requests submitted. If consensus can not be reached, the requests submitted on the official language of the requesting authority Member State, and the answers to the official language of the requested authority Member State.

5. Information communicated as a result of a request shall be communicated directly to the applicant authority and simultaneously also to the requesting and the requested authority central liaison bodies.

6. The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19. 2

Article 13 Use of information, data protection and confidentiality and trade secrets
1. Information communicated may only be used to ensure compliance with regulations that protect consumers' interests.

2. Competent authorities can use all submitted information, documents, findings, statements, certified true copies or investigation results as evidence, on a par with similar documents obtained in its own territory.

3. Any information submitted to persons working for competent authorities, courts, other public authorities and the Commission, including information notified to the Commission and stored in the database referred to in Article 10, and if disclosure would adversely affect

-
Protection of individual privacy and integrity, particularly in accordance with Community legislation on protection of personal data,

-
Natural or legal persons' commercial interests, including intellectual property rights,

-
Proceedings and legal advice,

Or

-
Purpose of the inspection or investigation,

Shall be confidential and subject to confidentiality, unless action is necessary to stop or prohibit an infringement within the Community, and the authority forwarding the data agrees that they be disclosed.

4. For the purposes of this Regulation, Member States shall adopt the legislative measures necessary to restrict the rights and obligations under Articles 10, 11 and 12 of Directive 95/46 / EC, to the extent necessary to protect the interests referred to in Article 13 paragraph. 1 d) and f). The Commission may restrict the rights and obligations under Article 4. 1, Article 11, Article 12. 1, Article 13-17 and Article 37. 1 of Regulation (EC) No. 45/2001 when such a restriction is a necessary measure to protect the interests referred to in the Regulation Article 20. 1 letter a) and e).

5. The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19. 2


Article 14 Exchange of information with third countries
1. When a competent authority receives information from an authority of a third country, it shall forward the information to the competent authority of the other Member States, to the extent permitted by bilateral assistance agreements with the third country and in accordance with Community legislation on the protection of individuals in connection with treatment of personal data.

2. Data submitted in accordance with this Regulation, can the competent authority also submitted to an authority of a third country under a bilateral assistance agreement with the third country, provided that the consent of the competent authority that originally submitted the information, and this is consistent with Community legislation on the protection of individuals in connection with the processing of personal data.

Article 15 Conditions
1. Member States shall waive all claims for reimbursement of expenses incurred in connection with the application of this Regulation. The requesting authority's Member State shall, however, be liable to the requested authority Member for all costs and losses incurred as a result of measures which a court is unfounded as regards the facts of the offense within the Community.

2. A requested authority may, after consultation with the applicant authority refusing to meet a request for enforcement measures under Article 8, if

A)
proceedings have already been initiated or final judgment has already been handed down for the same offenses in the Community and against the same sellers or suppliers, by the judicial authorities of the requested or the requesting authority Member State

B)
it, after carrying out proper investigation, believes that there has been no violation within the Community

Or

C)
it considers that the requesting authority has not presented sufficient information in accordance with Article 12. 1, unless the requested authority has already refused to comply with a request under paragraph. 3 letter c) for the same offense within the Community.

3. A requested authority may refuse a request for information under Article 6 if

A)
it after having consulted with the requesting authority considers that this did not request the information in question to determine whether an offense within the Community has taken place, or to determine whether there are reasonable grounds to suspect that it will take place,

B)
the requesting authority does not agree that the information is subject to the provisions on confidentiality and professional secrecy in Article 13. 3,

Or

C)
criminal investigation or proceedings have already been initiated or final judgment has already been handed down, for the same offenses in the Community and against the same sellers or suppliers, by the judicial authorities of the requested or the requesting authority Member State || |
4. A requested authority may decide not to fulfill the obligations referred to in Article 7 if criminal investigations or proceedings have already been initiated or final judgment has already been handed down, for the same offenses in the Community and against the same sellers or suppliers, by the judicial authorities of the requested or the applicant authority Member State

5. The requested authority shall inform the requesting authority and the Commission of its grounds for refusing to accommodate a request for assistance. The applicant authority may refer the matter to the Commission which shall make a statement after the procedure referred to in Article 19. 2

6. The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19. 2

Chapter IV. Community activities

Article 16 Coordination of enforcement
1. To the extent necessary to achieve the objectives of this Regulation, Member States shall notify each other and the Commission activities that are of interest to the Community, in areas such as:

A)
training of officials responsible for consumer protection, including language training and the organization of courses,

B)
registration and classification of consumer complaints,

C)
creation of sectoral networks of responsible officials,

D)
development of information and communication tool,

E)
development of standards, methodologies and guidelines for officials dealing with consumer protection,

F)
exchange of officials.

Member States, in cooperation with the Commission, jointly perform the activities referred to in subparagraph a) -f). Member States shall, in cooperation with the Commission, develop a common framework for the classification of consumer complaints.


2. The competent authorities may exchange responsible officials to improve cooperation. The competent authorities shall take such measures as are necessary for the responsible officials participating in the exchange, to participate actively in the competent authority's operations. To this end, such officials have permission to perform the task of the competent host authority allocates them according to the laws of their Member State.

3. During the exchange the responsible official's civil and criminal liability are treated the same way as the competent host authority officials. Responsible officials participating in the exchange, should follow professional standards and appropriate internal rules of conduct of the competent host authority in particular ensures that individuals be given protection by processing of personal data, that the proceedings are fair and equitable, and that the rules laid down in Article 13 on confidentiality and secrecy are complied.

4. The Community measures necessary for the implementation of this Article, including decisions concerning the implementation of joint activities shall be adopted in accordance with the procedure referred to in Article 19. 2

Article 17 Administrative Collaboration
1. To the extent necessary to achieve the objectives of this Regulation, Member States shall notify each other and the Commission activities that are of interest to the Community, in areas such as:

A)
consumer information and advice,

B)
support forbrukerrepresentanters business

C)
support to activities engaged in by bodies responsible for extrajudicial settlement of consumer disputes,

D)
support to consumer legal remedies,

E)
gathering of statistics, research findings or other information about consumer behavior and attitudes, and the consequences thereof.

Member States, in cooperation with the Commission, jointly perform the activities referred to in subparagraph a) -e). Member States shall, in cooperation with the Commission, develop a common framework for the activities referred to in subparagraph e).

2. The Community measures necessary for the implementation of this Article, including decisions concerning the implementation of joint activities shall be adopted in accordance with the procedure referred to in Article 19. 2

Article 18 International agreements The Community shall cooperate with third countries and with the competent international organizations in the areas falling under this Regulation, to give consumers a stronger economic protection. Further provisions for cooperation, including the introduction of schemes for mutual assistance, the agreement secured between the Community and the third countries concerned.

Chapter V. Final Provisions

Article 19 Committee procedure
1. The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468 / EC shall apply, having regard to the provisions of Article 8
period laid down in Article 5. 6 of Decision 1999/468 / EC shall be three months.

3. The Committee shall adopt its rules of procedure.

Article 20 Committee tasks
1. The Committee may examine all matters relating to the application of this Regulation, and that leader takes up, either on his own initiative or at the request of a Member State representative.

2. It shall in particular review and assess how this Regulation provisions on cooperation works.

Article 21 Report
1. Member States shall communicate to the Commission the text of any provisions of national law which they adopt, or agreements other than individual cases as they occur in areas covered by this Regulation.

2. Every two years from this Regulation enters into force, Member States shall provide the Commission report on its application. The Commission shall publish these reports.

3. The reports should contain the following:

A)
new information on the competent authorities organization, powers, resources or responsibilities,

B)
information on trends, means and methods in connection with infringements in the Community, particularly if they reveal missing or gaps in this Regulation or the regulations that protect consumers' interests,

C)
information regarding enforcement methods which have proven to be effective,

D)
synoptic statistics of the competent authorities' activities, such measures under this Regulation, complaints received, enforcement actions and judicial

E)
summary of important rulings from national courts that interpret the regulations that protect consumers' interests,

F)
other information relevant to the application of this Regulation.


4. The Commission shall on the basis of Member States' reports present a report to the European Parliament and Council on the application of this Regulation.

Article 22 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal.
It shall apply from 29 December 2005.
provisions on mutual assistance in Chapters II and III shall apply from 29 December 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Strasbourg, 27 October 2004.

Annex. Directives and Regulations covered by Article 3 letter a)

1.
Council Directive 84/450 / EEC of 10 September 1984 on the approximation of laws and regulations concerning misleading advertising (OJ L 250 of 09.19.1984, p. 17). Last amended by Directive 97/55 / ​​EC (OJ L 290 of 10.23.1997, p. 18).

2.
Council Directive 85/577 / EEC of 20 December 1985 on the protection of consumers in contracts elsewhere than on the trader's permanent place of business (OJ L 372, 31.12.1985, p. 31).

3.
Council Directive 87/102 / EEC of 22 December 1986 on the approximation of laws and regulations on consumer credit (OJ L 42 of 12.2.1987, p. 48). Last amended by Directive 98/7 / EC (OJ L 101 of 01.04.1998, p. 17).

4.
Council Directive 89/552 / EEC of 3 October 1989 on the coordination of certain provisions concerning the pursuit of television broadcasting activities, laid down by law or regulation in the Member States: Article 10 to 21 (OJ L 298 of 10.17.1989, p. 23). Last amended by Directive 97/36 / EC (OJ L 202 of 07.30.1997, p. 60).

5.
Council Directive 90/314 / EEC of 13 June 1990 on package travel, package holidays and package tours (OJ L 158 of 06.23.1990, p. 59).

6.
Council Directive 93/13 / EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95 of 21.4.1993, p. 29). Amended by Commission Decision 2002/995 / EC (OJ L 353 of 30.12.2002, p. 1).

7.
European Parliament and Council Directive 94/47 / EC of 26 October 1994 on the protection of purchasers in connection with certain aspects of the agreements timeshare to real property (timeshare basis) (OJ L 280 of 10.29.1994, p. 83 ).

8.
European Parliament and Council Directive 97/7 / EC of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ L 144 of 04.06.1997, p. 19). Amended by Directive 2002/65 / EC (OJ L 271 of 09.10.2002, p. 16).

9.
European Parliament and Council Directive 97/55 / ​​EC of 6 October 1997 amending Directive 84/450 / EEC on misleading advertising to include comparative advertising.

10.
European Parliament and Council Directive 98/6 / EC of 16 February 1998 on consumer protection when information about prices of consumer goods (OJ L 80 of 18.3.1998, p. 27).

11.
European Parliament and Council Directive 1999/44 / EC of 25 May 1999 on certain aspects of consumer goods and associated guarantees (OJ L 171 of 07.07.1999, p. 12).

12.
European Parliament and Council Directive 2000/31 / EC of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ L 178 of 07.17.2000, p. 1 ).

13.
European Parliament and Council Directive 2001/83 / EC of 6 November 2001 on the Community code relating to medicinal products for human: Article 86-100 (OJ L 311 of 11.28.2001, p. 67). Last amended by Directive 2004/27 / EC (OJ L 136, 30.4.2004, p. 34).

14.
European Parliament and Council Directive 2002/65 / EC of 23 September 2002 on fjernsal of financial services to consumers.

15.
European Parliament and Council Regulation (EC) No. 261/2004 of 11 February 2004 establishing common rules for compensation and assistance to air passengers in case of denied boarding and of cancellation or long delay of flights (OJ L 46 of 17.2.2004, p. 1).

16.
European Parliament and Council Directive 2005/29 / EC of 11 May 2005 concerning unfair commercial practices affecting consumers in the internal market (OJ L 149 of 06.11.2005, p. 22).