Pieter Van Vaerenbergh DG Enforcement and Mediation Belgium

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Pieter Van VaerenberghDG Enforcement and
MediationBelgium

• Market Surveillance from an enforcement point of
  view Belgium
• Second UNECE International Forum on Market
  Surveillance and Consumer Protection
• Geneva (CH) 24-25 October 2005

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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 and to safeguard a fair socio-economic
  balance as a condition for a correct management
  of the market
• Market surveillance as enforcer implies a PRESENCE

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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

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DG Enforcement and MediationDomain

• Particular inspection service
• Consumer Protection
• Trade practices
• Product Safety

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DG Enforcement and MediationLegislations

• 30 acts
• 250 implementation decrees
• Mainly Consumers Economic Intrests

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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

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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

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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

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DG Enforcement and MediationLegislations

• Examples of common inquiries
• Hardware stores protection equipment (48 stores,
  205 samples)
• Safety of childrens 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)

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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

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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

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DG Enforcement and MediationInvestigative powers

• Support/permission of the court
• On-site inspections in private premises
• Seizing of goods and papers

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DG Enforcement and MediationMethods

• Methods
• Information
• Prevention
• Repression

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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

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DG Enforcement and MediationMethods

• Injunction Procedure
• Possible initiators
• Minister for Economy
• An involved party
• Association for Consumer Protection
• Non-compliance penalty

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DG Enforcement and MediationMethods

• Different interpretations
• Sovereign judgement competence of the courts

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DG Enforcement and MediationConclusion

• Ballanced enforcement
• Gradual enforcement
• Avoiding high dark numbers of minor
  infringements

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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_at_mine
co.fgov.beWebsite www.mineco.fgov.be