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4.10.2011 Official
Journal
of
the
European
Union L
259/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) No 954/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 14 September 2011
amending Regulation (EC) No 2006/2004 on cooperation between national authorities responsible
for the enforcement of consumer protection laws
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(2)
Point (a) of Article 3 of Regulation (EC) No 2006/2004
EUROPEAN UNION,
defines ‘the laws that protect consumers’ interests’ as the
Directives, as transposed into the internal legal order of
Member States, and the Regulations listed in the Annex
Having regard to the Treaty on the Functioning of the European
to that Regulation (‘the Annex’).
Union, and in particular Article 114 thereof,
Having regard to the proposal from the European Commission,
(3) Since
the
entry
into
force
of
Regulation
(EC)
No 2006/2004, several of the legislative acts listed in
After transmission of the draft legislative act to the national
the Annex have been repealed, and new legislation has
parliaments,
been adopted.
Having regard to the opinion of the European Economic and
Social Committee ( 1 ),
(4) Directive
84/450/EEC
( 4 ) has been repealed and replaced
After consulting the Committee of the Regions,
by Directive 2006/114/EC ( 5 ). The reference to Directive
84/450/EEC should therefore be removed from the
Annex and replaced by a reference to the specific
Acting in accordance with the ordinary legislative procedure (
Articles of Directive 2006/114/EC which aim at

2 ),
protecting consumers’ interests.
Whereas:
(1) Regulation
(EC)
No
2006/2004
( 3 ) lays down the
(5) Whilst
Directive
87/102/EEC
( 6 ) has been repealed and
conditions under which the competent authorities in
replaced by Directive 2008/48/EC
( 7 ), Directive
the Member States designated as responsible for the
2008/48/EC does not expressly state that references to
enforcement of the laws that protect consumers’
the repealed Directive 87/102/EEC are to be construed as
interests are to cooperate with each other and with the
references to Directive 2008/48/EC. For reasons of legal
Commission in order to ensure compliance with those
laws and the smooth functioning of the internal market,
( 4 ) Council Directive 84/450/EEC of 10 September 1984 concerning
and in order to enhance the protection of consumers’
misleading and comparative advertising (OJ L 250, 19.9.1984,
economic interests.
p. 17).
( 5 ) Directive 2006/114/EC of the European Parliament and of the
Council of 12 December 2006 concerning misleading and
( 1 ) OJ C 218, 23.7.2011, p. 69.
comparative advertising (OJ L 376, 27.12.2006, p. 21).
( 2 ) Position of the European Parliament of 5 July 2011 (not yet
( 6 ) Council Directive 87/102/EEC of 22 December 1986 for the
published in the Official Journal) and decision of the Council of
approximation of the laws, regulations and administrative provisions
27 July 2011.
of the Member States concerning consumer credit (OJ L 42,
( 3 ) Regulation (EC) No 2006/2004 of the European Parliament and of
12.2.1987, p. 48).
the Council of 27 October 2004 on cooperation between national
( 7 ) Directive 2008/48/EC of the European Parliament and of the
authorities responsible for the enforcement of consumer protection
Council of 23 April 2008 on credit agreements for consumers
laws (the Regulation on consumer protection cooperation)
and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008,
(OJ L 364, 9.12.2004, p. 1).
p. 66).

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L 259/2
EN
Official Journal of the European Union
4.10.2011
certainty, the reference to Directive 87/102/EEC in the
(10) The
Annex
should
be
amended
accordingly.
Annex should therefore be replaced by a reference to
Directive 2008/48/EC.
(11) It is necessary to assess the effectiveness and operational
mechanisms of Regulation (EC) No 2006/2004 and
(6) Directive
89/552/EEC
( 1 ) has been repealed and replaced
by Directive 2010/13/EU (
thoroughly examine the possible inclusion in the

2 ). Pursuant to the second
paragraph of Article 34 of Directive 2010/13/EU,
Annex of additional laws that protect consumers’
references to Directive 89/552/EEC are to be construed
interests, with a view to a possible revision of that Regu
as references to Directive 2010/13/EU. However, for the
lation aimed at providing public enforcement authorities
sake of clarity, the reference to Directive 89/552/EEC in
with improved means to effectively detect, investigate
the Annex should be replaced by a reference to the
and bring about the cessation or prohibition of
relevant Articles of Directive 2010/13/EU.
infringements harming the collective interests of

consumers in cross-border situations. To that end, the
Commission should submit as soon as possible, and in
any event by the end of 2014, a report to the European
Parliament and to the Council, accompanied, where
(7) Directive
93/13/EEC
( 3 ) was not amended by Decision
appropriate, by a legislative proposal,
2002/995/EC ( 4 ). Therefore, the reference to that
Decision should be removed from the Annex.
HAVE ADOPTED THIS REGULATION:
(8) Directive
94/47/EC
( 5 ) has been repealed and replaced by
Directive 2008/122/EC
( 6 ). Pursuant to the second
paragraph of Article 18 of Directive 2008/122/EC,
references to Directive 94/47/EC are to be construed as
references to Directive 2008/122/EC. However, for the
Article 1
sake of clarity, the reference to Directive 94/47/EC in
Regulation (EC) No 2006/2004 is hereby amended as follows:
the Annex should be replaced by a reference to
Directive 2008/122/EC.
(1) the following Article is inserted:
(9) Directive
97/55/EC
( 7 ) is an amending Directive to the
repealed Directive 84/450/EEC. Therefore, the reference
to Directive 97/55/EC should be removed from the
Annex.
‘Article 21a
( 1 ) Directive 89/552/EEC of the European Parliament and of the Council
Review
of 3 October 1989 on the coordination of certain provisions laid
down by law, regulation or administrative action in Member States
By 31 December 2014, the Commission shall submit a
concerning the provision of audiovisual media services (Audiovisual
report to the European Parliament and to the Council
Media Services Directive) (OJ L 298, 17.10.1989, p. 23).
which shall assess the effectiveness and operational
( 2 ) Directive 2010/13/EU of the European Parliament and of the
Council of 10 March 2010 on the coordination of certain provisions
mechanisms of this Regulation and thoroughly examine
laid down by law, regulation or administrative action in Member
the possible inclusion in the Annex of additional laws
States concerning the provision of audiovisual media services
that protect consumers’ interests. The report shall be
(Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
based on an external evaluation and extended consultation
( 3 ) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in
of all relevant stakeholders, and shall be accompanied,
consumer contracts (OJ L 95, 21.4.1993, p. 29).
where appropriate, by a legislative proposal.’;
( 4 ) Commission Decision 2002/995/EC of 9 December 2002 laying
down interim safeguard measures with regard to imports of
products of animal origin for personal consumption (OJ L 353,
30.12.2002, p. 1).
( 5 ) Directive 94/47/EC of the European Parliament and of the Council
of 26 October 1994 on the protection of purchasers in respect of
(2) the Annex is amended in accordance with the Annex to this
certain aspects of contracts relating to the purchase of the right to
use immovable properties on a timeshare basis (OJ L 280,
Regulation.
29.10.1994, p. 83).
( 6 ) Directive 2008/122/EC of the European Parliament and of the
Council of 14 January 2009 on the protection of consumers in
respect of certain aspects of timeshare, long-term holiday product,
resale and exchange contracts (OJ L 33, 3.2.2009, p. 10).
( 7 ) Directive 97/55/EC of the European Parliament and of the Council
Article 2
of 6 October 1997 amending Directive 84/450/EEC concerning
misleading advertising so as to include comparative advertising
This Regulation shall enter into force on the third day following
(OJ L 290, 23.10.1997, p. 18).
its publication in the Official Journal of the European Union.

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EN
4.10.2011 Official
Journal
of
the
European
Union L
259/3
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 14 September 2011.
For the European Parliament
For the Council
The President
The President
J. BUZEK
M. DOWGIELEWICZ

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L 259/4
EN
Official Journal of the European Union
4.10.2011
ANNEX
The Annex to Regulation (EC) No 2006/2004 is hereby amended as follows:
(1) footnote ( 1 ) is replaced by the following:
‘( 1 ) Directives Nos 6, 8 and 13 contain specific provisions.’;
(2) point 1 is replaced by the following:
‘1. Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning
misleading and comparative advertising (OJ L 376, 27.12.2006, p. 21): Article 1, Article 2(c) and Articles 4 to 8.’;
(3) points 3 and 4 are replaced by the following:
‘3. Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for
consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66).
4. Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of
certain provisions laid down by law, regulation or administrative action in Member States concerning the
provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1):
Articles 9, 10, 11 and Articles 19 to 26.’;
(4) points 6 and 7 are replaced by the following:
‘6. Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
7. Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of
consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts
(OJ L 33, 3.2.2009, p. 10).’;
(5) point 9 is deleted.

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