S.I. No. 316/2008 - European Communities (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (Amendment) Regulations 2008


S.I. No. 316 of 2008

EUROPEAN COMMUNITIES (COOPERATION BETWEEN NATIONAL AUTHORITIES RESPONSIBLE FOR THE ENFORCEMENT OF CONSUMER PROTECTION LAWS) (AMENDMENT) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th August, 2008.

I, MARY COUGHLAN, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving full effect to Regulation (EC) No. 2006/2004 of the European Parliament and of the Council of 27 October 2004 1 as amended by Directive No. 2005/29/EC of the European Parliament and of the Council of 11 May 2005 2 hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (Amendment) Regulations 2008.

(2) The Principal Regulations and these Regulations may be cited together as the European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) 2006 and 2008.

2. In these Regulations “Principal Regulations” means the European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2006 ( S.I. No. 290 of 2006 ).

3. The Principal Regulations are amended—

(a) in Regulation 2(1) by substituting the following for the definition of “Council Regulation”:

“Council Regulation means Regulation (EC) No. 2006/2004 of the European Parliament of the Council of 27 October 20041 on cooperation between national authorities responsible for the enforcement of consumer protection laws as amended by Directive No. 2005/29/EC of the European Parliament and of the Council of 11 May 20052.”.

and

(b) in the Schedule thereto, by inserting after Reference Number 14 the following:

15.

Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 3 on the Community code relating to medicinal products for human use: Articles 86 to 100 as last amended by Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 4

Medicinal Products (Control of Advertising Regulations) 2007 ( S.I. No. 541 of 2007 )

Irish Medicines Board

16.

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market.

Consumer Protection Act 2007 (No. 19 of 2007)

National Consumer Agency

”.

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GIVEN under my Official Seal,

1 August 2008

MARY COUGHLAN.

Minister for Enterprise, Trade and Employment.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These regulations amend S. I. No. 290 of 2006 on Cooperation between National Authorities responsible for the Enforcement of Consumer laws. The regulations implemented Regulation (EC) 2006/2004 of the European Parliament and of the Council of 27 October 2004 by designating competent authorities to carry out the functions of information exchange, cooperation and infringement proceedings in respect of specified EU consumer Directives/Regulations.

S. I. No. 290 of 2006 is amended in order to designate competent authorities for two Directives which were not provided for in the original regulations. The National Consumer Agency is designated for the purpose of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business to consumer commercial practices. The Irish Medicines Board is designated for the purpose of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (Articles 86 to 100 as last amended by Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004.

1 OJ No. L.364, 9.12.2004, p.1.

2 OJ No. L.149, 11.06.2005, p. 22.

3 OJ No. L 311, 28.11.01 p.67.

4 OJ No. L 136, 30.04.04 p. 34.