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Ref. Ares(2022)5302285 - 22/07/2022 EUROPEAN INNOVATION COUNCIL AND SMES EXECUTIVE AGENCY (EISMEA) Innovation Ecosystems, SMP/Entrepreneurship and Consumers SMP/Internal Market and Consumers Annex I Guidelines for the designation of a public or a non-profit making body to host a European Consumer Centre Period 2024-2028 E-mail: [email protected] European Innovation Council and SMEs Executive Agency (EISMEA), B-1049 Brussels, BELGIUM [email protected] 2 IMPORTANT NOTICES This document is published for information only. It is based on the Regulation (EU) 2021/690 of the European Parliament and of the Council of 28 April 2021 establishing a programme for the internal market, competitiveness of enterprises, including small and medium-sized enterprises, the area of plants, animals, food and feed, and European statistics (Single Market Programme - SMP) and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014 and (EU) No 652/2014 1. The Commission’s 2023-2024 Single Market Programme (SMP) work programme will set out details of the financing mechanisms and of the priority areas for action in implementing the part of the SMP related to the promotion of consumer interests, consumer protection and product safety. The Guidelines for designation may be subject to changes after adoption of the different Commission’s SMP work programmes. Any updates will be announced to the competent authorities responsible for designation of ECC host by email. 1 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R0690 3 1. INTRODUCTION 1.1. The Single Market Programme Regulation (EU) 2021/690 establishing a programme for the internal market, competitiveness of enterprises, including small and medium-sized enterprises, the area of plants, animals, food and feed, and European statistics (Single Market Programme - SMP)2 has as specific objective the promotion of the interests of consumers and ensuring a high level of consumer protection and product safety (cf. Article 3(2)(d)). The SMP has in particular the following specific objectives in respect of consumers (Article 3(2)(d)(i)): − empowering, assisting and educating consumers, businesses and representatives of civil society in particular concerning consumer’s rights under Union law; − ensuring a high level of consumer protection, sustainable consumption and product safety in particular for the most vulnerable consumers in order to enhance fairness, transparency and trust in the internal market; − ensuring that the interests of consumers in the digital world are duly taken into consideration; − supporting competent enforcement authorities and consumer representative organisations and actions which enhance the cooperation between competent authorities, with particular emphasis on issues raised by existing and emerging technologies; − contributing to improving the quality and availability of standards across the Union; efficiently addressing unfair commercial practices; − ensuring that all consumers have access to efficient redress mechanisms and are provided with adequate information on markets and consumers rights, and promoting sustainable consumption, in particular through raising awareness about specific characteristics and the environmental impact of goods and services; The co-financing of European Consumer Centres is based on Article 3(2)(d)(i) and Article 9(5) of the SMP, the latter reads: 5. Each Member State and each third country which is a member of the EEA shall designate, as the result of a transparent procedure, an entity as eligible for actions that support consumer protection by implementing the specific objective referred to in Article 3(2)(d)(i) and that are related to the European Consumer Centres Network. That entity may be: (a) a non-profit-making body; (b) a public body. 2 Regulation (EU) 2021/690 of the European Parliament and of the Council of 28 April 2021 establishing a programme for the internal market, competitiveness of enterprises, including small and medium-sized enterprises, the area of plants, animals, food and feed, and European statistics (Single Market Programme) and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014 and (EU) No 652/2014: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R0690 4  The European Consumer Centre action grants can be awarded without a call for proposals on the basis of Article 195 (d) of the EU Financial Regulation3 to the bodies designated by the Member States under their responsibility. The present Guidelines for designation is therefore addressed to the Member States/EEA countries, which shall inform EISMEA of the body designated and of the procedure used for the designation. Proof that this designation was done according to the relevant national legislation and especially its transparency requirements is requested. The designation should cover the period 2024-2028, as the intention of EISMEA is to sign several successive multiannual grant agreements with the designated bodies so as to cover the budgets envelopes for the remaining period of implementation of the SMP. 1.2. The European Consumer Centres Network – ECC Net The European Consumer Centres (ECCs) are currently active in the Member States as well as in Norway and Iceland. Their network (ECC-Net) provides information and assistance to consumers to help them exercise their rights in cross border purchases and obtain access to appropriate dispute resolution. The activities of ECCs which can be awarded a grant under the SMP, as further detailed under each Commission’s SMP work programme, are the following: 1. ECC action grants shall focus on assisting consumers with protecting and asserting their rights in cross-border purchases in the Single Market and in particular cover all the following activities: awareness raising and promotional activities on consumer rights and safety, direct provision of information, dissemination of best practices among the network, assisting consumers with a complaint or with a dispute, promotion of ADR, online dispute resolution (ODR) activities and other redress mechanisms, collaboration with traders (associations or professional bodies), enforcement authorities and other bodies, collecting and analysing information on consumer cases for statistical and policy-making purposes, developing efficient collaboration within the network and improving its corporate image, promotion of equal quality services, partnership with bodies with similar activities in third countries with a view to promote assistance to tourists travelling from and to such countries. 2. Grants for actions with EU dimension shall cover all the activities described in point 1 above and, in addition, actions which go beyond the regular activities of a European Consumer Centre and which aim to benefit the whole network in order to strengthen its overall impact. Such additional actions can cover projects/activities developed under the Network’s Focus Groups or indicated as policy objectives by the European Commission. 3 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012: https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX:32018R1046 5  3. Grants for priority actions shall cover all the actions described in point 1 above and be executed by beneficiaries from EU Member States with a GDP per capita in the lower range within the Union distribution of GDP per capita. 2. DESIGNATION BY THE MEMBER STATES AND EEA COUNTRIES 2.1. Designation As a first step, in order to conclude grants, the Member States/EEA countries are invited to designate the public or non-profit bodies for hosting the ECC in their country and to submit the necessary documentation on the designation process. Based on this information and documents, EISMEA will check the eligibility of the entities nominated/designated by the Member State/EEA country and contact them in case of questions relevant to the designation. Please note that if the designation decision is revoked by a Member State/EEA country while the grant is still in force, the Member State/EEA country has the obligation to immediately inform EISMEA about such decision. Consequently, the designated body affected by the revocation act will be considered as non-eligible as from the date of its official revocation. The concerned Member State/EEA country will have to designate a new body hosting the ECC and the grant agreement will be amended accordingly. 2.2. Notification of public bodies designated to host the ECC Member States/EEA countries who decide to entrust public bodies with the hosting of their ECC are requested to officially notify to EISMEA the name and provide the requested information details and supporting documents of the chosen public body. Supporting documents Type of document Form Legal entity form https://ec.europa.eu/info/publications/legal- entities_en Official notification of the ECC host Template (Annex II) 2.3. Notification of non-profit making bodies (non-public bodies) designated to host the ECC If a Member State/EEA country intends to designate a non-profit-making body (non- public body) to host the ECC, or plans to confirm the designation of the non-profit- 6 making body (non-public body) that currently hosts the ECC, it has to do this through a transparent procedure and according to its relevant national legislation. As laid down in Article 195 (d) of the EU Financial Regulation, it is the full responsibility of the Member States/EEA countries to put in place the designation procedure and ensure that the principle of transparency and legality are respected. A clear and detailed description of the designation procedure and copies of the relevant documents must be provided to EISMEA. In particular, EISMEA will verify whether the designating authority has published a relevant statement on the conformity of the procedure with the applicable legislation and transparency principle. The statement should be published in the official language of the relevant country. In case the statement is published on an official website of the Member State/EEA country concerned, a translation into English should be provided. The link to the relevant public official website containing a reference to the Official Journal where the statement has been published should be inserted in the Official notification (see template Annex III) Supporting documents Type of document Form Legal entity form of the designated body https://ec.europa.eu/info/publications/legal (non- profit making body-non-public) -entities_en Designation letter Template (Annex III) Description of the designation procedure, Free format in English with regard to national legislation and especially its transparency requirements Copies of the relevant documents related to In any EU languages/EEA the designation procedure 3. SUBMISSION PROCEDURE The notification of the designated bodies and the submission of the requested supporting documents shall be submitted at the latest by the 25 January 2023. The designation notification should be submitted by the relevant national authority of the Member State/EEA country. It should be signed by a high representative of the Member States/EEA country who is empowered to award the designation decision according to the national applicable law. Member States/EEA countries are encouraged to submit the requested supporting documents before the above indicated dates if they are already available. If a Member State/EEA country is unable to provide the requested supporting documents to EISMEA by the above-mentioned date, it shall inform EISMEA as soon 7 as possible, explaining the reasons and requesting an extension of deadline. National authorities’ attention is drawn to the fact that late submission of one designation would impact on the entire network as the launch of the invitation for proposals for the 2024- 2025 grants would have to be delayed. All above requested information and supporting documents must be submitted to EISMEA in electronic format to the following email address: [email protected]. 4. EISMEA HELPDESK In case of further questions EISMEA can be contacted via e-mail at: [email protected]. Please note that the Helpdesk will not reply to any questions related to national law. 8 Ref. Ares(2022)5302285 - 22/07/2022 EUROPEAN COMMISSION DIRECTORATE-GENERAL JUSTICE AND CONSUMERS Directorate E: Consumers The Director Brussels JUST.DDG.E.3/MT Subject: Designation of the bodies to host the European Consumer Centres for the period 2024 - 2028 Dear Member of the Consumer Policy Network, The European Commission intends to support the European Consumer Centres (ECCs) with two-year direct grants for 2024–2025. These grants would be using multi-annual instalments from the 2023-2024 SMP work programme, as was the case for the ECC grant agreements covering the years 2022-2023 (cf. Commission’s two-years SMP work programme for 2021-20221). The grants will be concluded by EISMEA, the Executive Agency for Small and Medium- sized Enterprises with the hosting structure that you have to designate for the ECC of your country. As provided in the Single Market Programme2, Article 9(5), Member States and third countries which are members of the EEA shall designate entities for actions that support consumer protection and that are related to the European Consumer Centres Network. That entities may be public or non-profit-making bodies. For this reason, we invite each Member State and EEA countries participating to the Single Market Programme to designate a body that will host their European Consumer Centre for its operation during the years 2024-2028. Attached you will find the guidelines for the procedure to follow and relevant forms. The deadline to provide designation documents is 25 January 2023. 1 Annex 3 to the Commission Implementing Decision C(2021) 3046 final of 06.5.21 on the financing of the Programme for single market, competitiveness of enterprises, including small and medium-sized enterprises, and European statistics and the adoption of the work programme for 2021-2024. 2 Regulation (EU) 2021/690 of the European Parliament and of the Council of 28 April 2021 establishing a programme for the internal market, competitiveness of enterprises, including small and medium-sized enterprises, the area of plants, animals, food and feed, and European statistics (Single Market Programme) and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014 and (EU) No 652/2014: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R0690 Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111  Replies and all correspondence should be addressed to EISMEA, which is managing the designation procedure ([email protected]) as indicated in the guidelines attached. Yours faithfully, (e-signed) Nils BEHRNDT cc.: Ms Gorana Krsikapa, Mr Adrien Lantieri (EISMEA) Permanent Representations of Member States, EFTA secretariat. Annexes: I. Guidelines for the designation of a public or a non-profit making body to host a European Consumer Centre II. OFFICIAL NOTIFICATION OF THE ECC HOST – Public bodies III. OFFICIAL NOTIFICATION OF THE ECC HOST – Bodies other than public bodies Electronically signed on 21/07/2022 08:36 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121 2 ANNEX I I: OFFICIAL NOTIFICATION OF THE ECC HOST Public bodies Ms/ Mr (indicate the name and title of the official entitled to sign the present designation + contact details ) of the ( ministry/government organisation) officially notifies that Organisation official name Organisation short name Legal status Public bod y Name legal representative i s the only eligible body to submit for (indicate country) the application for a European Consumer Centre grant agreement s under the Single Market Programme coverin g operations of the European Consumer Centre for ( indicate country ) for the period 202 4 -202 8 . Date: Name and s ignature : Place: Enith Li Saag From: [email protected] Sent: reede, 9. september 2022 12:54 Cc: [email protected] Subject: Designation of the bodies to host the European Consumer Centres for the period 2024 - 2028 - invitation letter Attachments: Designation of ECC-Net host structure - Invitation letter.pdf; Annex I_Guidelines for the designation of ECC Host 24-28.pdf; Annex II_Official notification of the ECC host 24-28.docx; Annex III_Official designation by the Member State Private 24-28.docx; Annex II_Official notification of the ECC host 24-28.pdf; Annex III_Official designation by the Member State Private 24-28.pdf Dear Members of the Consumer Policy Network, Please find attached a letter signed by Mr Nils Behrndt on designation of the bodies to host the European Consumer Centres for the period 2024 – 2028. Attached you will find the guidelines for the procedure to follow and relevant forms. The deadline to provide designation documents is 25 January2023. Replies and all correspondence should be addressed to EISMEA, which is managing the designation procedure: [email protected]. Thank you and kind regards, Secretariat of the unit JUST.E3 European Commission Directorate-General Justice and Consumers Directorate E – Consumers Unit E3 – Consumer enforcement and redress 1 ANNEX I II : OFFICIAL NOTIFICATION OF THE ECC HOST B odies other than public bodies Ms/ Mr (indicate the name and title of the official entitled to sign the present designation + contact details ) of the ( ministry/government organisation) officially designates Organisation official name Organisation short name Legal status Non - p rofit making body Name of the legal representative as the only eligible body to submit for (indicate country) the application for a European Consumer Centre grant agreement s under the Single Market Programme covering the operations of the European Consumer Centre for ( indicate country ) for the period 202 4 -2028 . The ministry/government organisation confirms that the designation procedure was executed and concluded in the respect of the national legislation in force in (indicate country ) and that all transparency requirements for the use of public EU and national funds in ( indicate country ) have been fully met. I confirm that the Ministry/government organisation is fully responsible for this designation and its legality and that I have the powers to award the present decision according to the national rules. Date: N ame and s ignature : Place: Please add under this section the Link to the relevant public website or reference to the official journal where the statement has been published . Saatja: "Webdesktop" <[email protected]> Saaja: "MKM info" <[email protected]> Teema: Webdesktop: Kiri nr 14-4/938: Designation of the bodies to host the European Consumer Centres for the period 2024 - 2028 Kuupäev: 2022-09-10 08:30 Tere Edastan Komisjoni kirja. Reg. number: 14-4/938 Reg. kuupäev: 09.09.2022 Sisu: Designation of the bodies to host the European Consumer Centres for the period 2024 - 2028 Heade soovidega -- Kersti Neeme Eesti alaline esindus EL juures Sekretär Saatja: Merike Koppel </o=JM/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=ea30456d3e6c45bba426866946daca34-Merike Koppel> Saaja: '[email protected]', Sandra Särav, Kristina Vaksmaa-Tammaru, Mari-Liis Aas, [email protected], Marie Allikmaa Teema: Estonian designation of the body to host the ECC Dear colleagues, Please find attached the official notification of the ECC-Estonia host body for 2024-2028 and legal entity form of public body designated to host the ECC. With regards, Merike Koppel Head of Business Environment Business and Consumer Environment Department +372 625 6411 Ministry of Economic Affairs and Communications www.mkm.ee <http://www.mkm.ee/> | Suur-Ameerika 1, Tallinn Ref. Ares(2022)5302285 - 22/07/2022 ANNEX II: OFFICIAL NOTIFICATION OF THE ECC HOST Public bodies Ms/Mr (indicate the name and title of the official entitled to sign the present designation + contact details) of the (ministry/government organisation) officially notifies that Organisation official name Organisation short name Legal status Public body Name legal representative is the only eligible body to submit for (indicate country) the application for a European Consumer Centre grant agreements under the Single Market Programme covering operations of the European Consumer Centre for (indicate country) for the period 2024- 2028. Date: Name and signature: Place: