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Pieter Van Vaerenbergh DG Enforcement and Mediation Belgium

Pieter Van Vaerenbergh DG Enforcement and Mediation Belgium. Market Surveillance from an enforcement point of view Bel gi um Second UNECE International Forum on Market Surveillance and Consumer Protection Geneva (CH) – 24-25 October 2005. DG Enforcement and Mediation Organisation.

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Pieter Van Vaerenbergh DG Enforcement and Mediation Belgium

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  1. Pieter Van VaerenberghDG Enforcement and MediationBelgium Market Surveillance from an enforcement point of viewBelgium Second UNECE International Forum on Market Surveillance and Consumer Protection Geneva (CH) – 24-25 October 2005

  2. DG Enforcement and MediationOrganisation • Within Federal Public Service Economy, SMEs, Self-Employed and Energy • Goal of the FPS Economy : “to stimulate the competition ability of Belgian companies andto safeguard a fair socio-economic balance as a condition for a correct management of the market” • Market surveillance as enforcer implies a PRESENCE

  3. DG Enforcement and MediationOrganisation • Simple and flexible organisation • Central Offices • External Offices : • 4 special sections • 7 regional departments • 302 officers • 139 charged with field tasks • 75 charged with coordinating and leading tasks

  4. DG Enforcement and MediationDomain • Particular inspection service • Consumer Protection • Trade practices • Product Safety

  5. DG Enforcement and MediationLegislations • 30 acts • 250 implementation decrees • Mainly Consumers’ Economic Intrests

  6. DG Enforcement and MediationLegislations • The Trade Practices and Consumer Information and Protection Act • Information to the consumer • Price indications • Quantity indications • Nomination, composition and labelling of products and services • Product origin denomination • Advertisement rules • General rules for information to the consumer

  7. DG Enforcement and MediationLegislations • The Trade Practices and Consumer Information and Protection Act • Relations between traders • Selling at a loss • The offering for sale as a package • The legislation on seasonal sales • Clearance sales

  8. DG Enforcement and MediationLegislations • Consumer Safety • Directorate General Quality and Safety • Technical approach • Directorate General Enforcement and Mediation • Controlling/ repressive approach • Shared competences • Medicins • Food Products

  9. DG Enforcement and MediationLegislations • Examples of common inquiries • Hardware stores: protection equipment (48 stores, 205 samples) • Safety of children’s beds (159 controlled beds, 29 samples, 15 warnings) • Safety of tattoos and piercings (informational inquiry) • Toy safety general inquiry (1068 controlled products, 464 not conform)

  10. DG Enforcement and MediationInvestigative powers • Officers can deal with all stages of an investigation • Under direct supervision of the Public Prosecutor • DGEM Officers do NOT have the statute of Officer of Judicial Police • Powers specifically defined in each piece of legislation

  11. DG Enforcement and MediationInvestigative powers • Powers • Require any relevant information from any person • On-site inspections • Seize goods • Give an official warning • Dress an official report to the public prosecutor • Take samples • To claim the assistance of the police forces

  12. DG Enforcement and MediationInvestigative powers • Support/permission of the court • On-site inspections in private premises • Seizing of goods and papers

  13. DG Enforcement and MediationMethods • Methods • Information • Prevention • Repression

  14. DG Enforcement and MediationMethods • Officers can deal with all stages of an investigation • Warning Procedure • if the defendant ceased the infringement  case closed • if not  report to the public prosecutor • Pro Justitia • Administrative settlement • Public Prosecutor decides to • close matters • propose an ‘judicial’ settlement • initiate proceedings

  15. DG Enforcement and MediationMethods Injunction Procedure • Possible initiators • Minister for Economy • An involved party • Association for Consumer Protection • Non-compliance penalty

  16. DG Enforcement and MediationMethods Different interpretations: Sovereign judgement competence of the courts

  17. DG Enforcement and MediationConclusion • Ballanced enforcement • Gradual enforcement • Avoiding high dark numbers of ‘minor’ infringements

  18. Pieter VAN VAERENBERGHAttaché International Co-operationDG Enforcement & MediationWTC 3 - Office 9-054Boulevard Simon Bolivar 30B-1000 BRUSSELSPhone : +32-2.208.39.54Fax : +32-2.208.39.15Email : pieter.vanvaerenbergh@mineco.fgov.beWebsite : www.mineco.fgov.be

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