The mission of the Independent Market Supervision and Consumer Protection Authority, according to the draft law that was submitted for consultation by the Ministry of Development until November 11, consists of the following:

a) in strengthening it transparency of the market,

b) in dealing with it illegal trade,

c) in the effective protection of rights of consumers,

d) in the defense of their finances interests and

e) in the formation of a healthy consumer conscience.

It is noted that the Authority is recommended five-member Management Boardconsisting of the president and four other regular members. OR service of the members of the Management Board is defined five years old and can be renewed once, by decision of the Minister of Development.

The president and the members of the Board of Management are persons of known prestige and high scientific composition and professional experience in areas related to the responsibilities of the Authority and the Management Board.

They introduce themselves to the Authority 500 positions, in addition to those covered by transferees, of which at least 300 positions are occupied by Auditors.

In pursuit of its mission, the Authority exercises the following powers:

a) Regarding the supervision and ensuring the orderly operation of the market:

aa) carries out checks to combat illegal trade during the production, storage, handling and marketing of products on the market and the provision of services,

ab) checks compliance with Law 4177/2013 (A’ 173), on the rules governing the purchase of products and the provision of services, Law 4849/2021 (A’ 207), on the reform and modernization of the regulatory framework for the organization and operation of outdoor trade, Article 65, on the obligation to accept means of payment by card and paragraph 1 of Article 66 of Law 4446/2016 (A’ 240), on the obligation to inform the consumer, during the exercise of the commercial activity for products and services, to combat the phenomena of misleading consumers at all stages of the circulation and trading of goods, as well as the provision of services,

a) prepares, together with the competent services of the Ministry of National Economy and Finance and the Independent Authority of Public Revenues (A.A.D.E.), the National Strategic Plan and Programming, to deal with the illegal trade of products and services,

ad) sets up and coordinates individual or mixed levels of control at local, regional or national level, for market control, suppression of illegal trade and the supervision of the application of the rules for the trading of products and the provision of services, with the participation of the services that exercise control work, i.e. the competent service of the A.A.D.E., the Municipal Police, as well as the services of the Ministry of Rural Development and Food and of the entities supervised by it, the Independent Labor Inspection Authority and the Control Directorates of the Ministry of Health, whenever this is required,

ae) maintains a digital data management system,

a) prepares studies, researches and analyzes to capture the current state of the market,

az) checks the compliance of providers of online mediation services and online search engines, with Regulation (EU) 2019/1150 of the European Parliament and of the Council, of June 20, 2019, to promote fair treatment and transparency for business users of online mediation services (L 186) and Law 4753/2020 (A’ 227),

a) carries out regular and extraordinary audits and audits following a complaint, in order to identify violations related to the emergency measures to protect public health,

a) finds violations, prepares relevant audit reports and imposes the prescribed sanctions.

b) Regarding the monitoring and supervision of the implementation of consumer protection legislation:

ba) receives and examines complaints and reports from consumers and consumer associations for violation of the rules aimed at protecting consumers in the goods and services sectors, as well as the rules related to the protection of debtors from unfair information practices,

bb) conducts checks, including sweeps on websites of online stores, following a complaint or ex officio, of the violation of consumer protection rules in the goods and services sector,

b) imposes administrative sanctions and administrative measures on violators of consumer protection legislation,

bd) checks compliance with the rules for the protection of consumers in the sectors of goods and services, in particular of Law 2251/1994 (A’ 191) (A’ 191), or other special provisions that provide for the Authority’s competence in relation to goods and services,

b) develops actions to inform and educate the consumer public about their rights and means of protecting their interests in order to prevent violations of existing legislation for their protection,

bst) participates in working groups, committees, networks of the European Union and international organizations in which authorities for the application of the legislation for the protection of the financial interests of consumers in the goods and services sector and in particular the Consumer Protection Cooperation Network (CPC) or authorities for the application of legislation relating to market surveillance or extrajudicial dispute resolution bodies participate,

bz) operates as a Competent Authority and as a Single Liaison Office in accordance with Regulation (EU) 2017/2394 of the European Parliament and of the Council, of 12 December 2017, on cooperation between national authorities responsible for the enforcement of consumer protection legislation and repealing Regulation (EC) 2006/2004 (L 345) and cooperates in this context with other competent national authorities, as and with the competent authorities of other member states of the European Union, for its implementation,

b) convenes the Committee for the Protection of Minor Consumers of article 7a of Law 2251/1994,

b) keeps in electronic form and manages the Registers of Administrative Sanctions and Debtors Information Companies.

c) Regarding the out-of-court resolution of consumer disputes:

c) undertakes the consensual resolution of disputes between suppliers and consumers or consumer associations, ex officio or following a reference by at least one of the interested parties, issuing findings – recommendations,

cb) supervises the operation of the European Consumer Center of Greece (ECC-Net),

cc) monitors the implementation in the private sector of the principle of equal treatment of men and women in access to goods and services and their provision, pursuant to Article 4 of Law 3769/2009 (A’ 105).

d) With regard to consumer support, it provides legal assistance to consumers, specifically:

da) exercises legal remedies for the protection of the collective interests of consumers (representative actions) and participates in trials related to their protection,

db) receives consumer applications in the event of an irrevocable decision on a representative action for redress or restoration and imposes sanctions, in accordance with par. 6 of article 10k of Law 2251/1994.

e) Performs any other related action and act for the execution of its work.

Responsibilities

The new Authority combines the staff and responsibilities of the following existing services:

a) of the Interdepartmental Market Control Unit of the Ministry of Development, apart from the Chemical Analysis department,

b) the Directorate of Consumer Protection, which is subordinate to the General Directorate of Market and Consumer Protection of the General Secretariat of Trade of the Ministry of Development,

c) of the C’ Department of Communication and Outreach, which is under the Directorate of Policy and Consumer Information of the General Directorate of Market and Consumer Protection of the General Secretariat of Trade of the Ministry of Development and

d) of the independent authority “Consumer Advocate”.

Transitional provisions

For the full operation of the new scheme, the following transitional provisions are also foreseen:

1. Until the appointment of the Authority’s administrative bodies, in accordance with article 12, on the procedure for selecting the Authority’s administrative bodies, the administrative bodies are appointed, by decision of the Minister of Development, after the approval of the Institutions and Transparency Committee of the Parliament.

2. Until the appointment of the administrative bodies of the Authority, the administrative support and judicial representation of the Authority are provided by the corresponding organizational units of the Ministry of Development.

3. Until the operation of the Directorate of Financial Services of the Authority and at the latest until 31.12.2027, the financial support is provided by the corresponding organizational units of the Ministry of Development.

4. Until the establishment of the Service and Disciplinary Council of the Authority, and in any case not for more than six months, the staff of the Authority shall continue to be subject to the Service and Disciplinary Council to which they belonged when this law entered into force.

5. Until the operation of the Directorate of Financial Services of the Authority and in any case by 31.12.2027 at the latest, the total cost of payroll shall be borne by the budgets of the bodies of origin of the Auditors and other staff of the Authority and shall be paid by them.

6. Until the operation of the Directorate of Financial Services of the Authority, the necessary expenses for the payroll and the operation of the Authority are covered by appropriations registered in the special body of the budget of the Ministry of National Economy and Finance “General State Expenditures”, in derogation of any general or special provision, and only in the event that these are not covered by the appropriations already registered in the State Budget for the repealed services of par. 4 of article 3, on the mission and powers of the Authority, or in any case from the reserve. For each of the following years, the necessary appropriations are entered in the annual budget of the Authority.

7. During the first year of operation of the Authority, its employees are evaluated in accordance with the written provisions.

8. The secondment of the Authority’s employees, who during the first year of the Authority’s operation are assessed as insufficient or unsuitable, is terminated by a decision of the Authority’s competent body.