Proposed Negative
Published 10 October 2018
ESIC: Recommends affirmative resolution procedure
SLSC: Recommends affirmative resolution procedure
Government Agreed
This instrument applies to the cross- border enforcement of consumer protections which is a transferred matter for Northern Ireland under the Northern Ireland Act 1998. It :
a) revokes Regulation (EC) No 2006/2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws 1 (“the CPC Regulation”); and
b) amends Part 8 (enforcement of certain consumer legislation) of the Enterprise Act 2002 (“the 2002 Act”) and Schedule 5 (investigatory powers etc.) to the Consumer Rights Act 2015 (“the 2015 Act”).
The CPC Regulation establishes a set of reciprocal arrangements for EU Member States to cooperate with each other in the cross - border investigation of and enforcement against infringements of various EU consumer laws, where the collective interests of consumers is being harmed. These laws are specified in an annex to the CPC Regulation.
Part 8 of the 2002 Act, in part, implements Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests 2 (“the Injunctions Directive”) and provides the enforcement mechanisms in the UK for the CPC Regulation. Part 8 allows various categories of enforcement body to apply to court for an enforcement order in the case of breaches of certain domestic and UK laws harming the collective interests of consumers.
The changes are made because, once the United Kingdom ceases to be a Member State, it will cease to benefit from the reciprocal arrangements in the CPC Regulation and the Injunctions Directive. It is therefore not considered appropriate for remaining EU Member States to benefit from those arrangements in the UK.
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