1. Consumer protection system in Poland Warsaw, 5 November 2012

2. Individual cases Consumer ombudsmen Non- governmental organizations Institutions for Alternative Dispute Resolution (ADR) European Consumer Centre Protection of collective consumer interests President of the Office of Competition and Consumer Protection Consumer protection system 360 municipal/poviat consumer ombudsmen Association of Polish Consumers, Polish Consumer Federation Association of Polish Consumers, Polish Consumer Federation Cross-border cases (regarding relations of consumers and undertakings seated in various EU Member States ) Conciliation courts at the Trade Inspection and ADR sector institutions

3. Office of Competition and Consumer Protection

4. President of UOKiK President’s Secretariat Department of Legal Affairs Department of Concentration Control Department of Competition Protection Department of International Relations and Communication Vice- President Department of Consumer Policy Department of Market Analyses 9 Branch Offices of UOKiK Vice- President Department of State Aid Monitoring Department of Market Surveillance Department of Trade Inspection 3 specialist laboratories 6 analytical and controlling laboratories Director General Department of Budget and Administration Independent Classified Information Protection Speclalist Office of the Director General Office of Competition and Consumer Protection

5. President of UOKiK Proceedings in cases concerning practices violating collective consumer interests Priority: areas where there are practices violating basic consumer rights, posing a serious threat to their economic interests and the nature of which makes it impossible to seek redress by individuals Possibility to impose on the undertaking a maximum fine of 10 % revenue gained in the year preceding the fiscal year Elimination of prohibited clauses applied in standard contracts - Legal actions brought to recognize a clause applied in the standard contract as prohibited -Reports on inspections of standard contracts Consumer Policy – enforcement measures Constant market monitoring

6. A practice violating collective consumer interests means any unlawful behaviour of undertaking acting to detriment of consumers, in particular: Applying standard contract clauses which were entered in the register of prohibited clauses Violation of obligation to provide consumers with truthful, reliable and complete information Unfair commercial practices or acts of unfair competition Practices violating collective consumer interests Concept regulated in separate provisions Concepts regulated in separate provisions

7. Abusive clauses of standard contract forms vs. the competence of the President of UOKiK Abusive clause Individual interests of consumers A consumer may request before the court to recognize a contractual clause as non-binding to them Collective consumer interests President of UOKiK (or other entity – entitled to conclude an agreement ) can bring an action to regard a standard contract clause as prohibited When the court determines the action is reasonable, then such clause is entered in the register of prohibited clauses Shaping consumer rights and obligations in a way contrary to social norms, and grossly violating consumer interests The rule does not apply to clauses stipulating mainly the parties’ obligations if they were formulated in a clear and unequivocal way

8. Commercial practice Is pronounced unfair in the event: it is contrary to social norms it significantly distorts or may distort the market behaviour of an average consumer prior to concluding a contract in relation to a product, in the course of its conclusion or after signing it two types of unfair commercial practices misleading practices aggressive commercial practices a black list of practices prohibited under any conditions Unfair commercial practices

9. Poviat/municipal consumer ombudsman Appointed by the poviat starost / city mayor Operates within the structure of poviat local government Providing free of charge legal assistance in consumer cases Can address the undertaking acting in the capacity of a consumer Can represent a consumer before the court Consumer ombudsman

10. Municipal consumer ombudsman Towns with poviat rights Poviat consumer ombudsman Other poviats Possibility of establishing the office of consumer ombudsman Poviats with over 100 thousand dwellers Consumer ombudsman

11. Consumer Policy for 2010-13 A document of a programme nature, adopted by the Council of Ministers by way of resolution Planned government actions aimed at enhancing the level of consumer protection on Polish market Consumer Policy Strategy - 6th time adopted in Poland Consumer Policy for 2010-2013

12. Stimulating consumer activity Common denominator of all strategic objectives Creation and promotion of tools aimed at strengthening the instruments of individual protection Superior objective Consumer Policy for 2010-2013

13. Lsasaorem ipsum dolor sit amet enim. Etiam ullamcorper. Suspendisse a pellentesque dui, non Strategic objectives of Consumer Policy Development of safe and pro-consumer market Development of the consumer dialogue and strengthening of the self- regulatory mechanisms Strengthening and development of effective and efficient consumer advisory system and seeking redress Pro-active information and education policy Development of safe legislative environment in the area of consumer protection Actions for the benefit of Polish consumers, undertaken at international forum

14. creating a functional, transparent and informative instrument efficient usage of the Register by individual consumers source of information for enterpreneurs Modification of the Register of Prohibited Clauses eliminating from the market these standard contracts that do not meet the requirement of transparency, i.e. intelligibility and clarity of the text and legible layout of contract provisions Counteracting low transparency of standard contracts applied in relations with consumers promoting the concept of out-of-court dispute resolution and codes of conduct creating of consumer-friendly legislative environment i.e. a presumed consent of an undertaking to submit disputes with consumers to an arbitration court Development of the consumer dialogue and strengthening of the self-regulation mechanisms and ADR systems Consumer Policy – challenge

15. delegation of tasks related to consumer advisory services implementing the idea of roundtables and the involvement of consumer organisations in the process of law-making Cooperation with consumer organisations preventing of infrigements of consumer intrests and facilitating consumers with instruments of effective redress taking active part in legislative procedures both at the national and the Community level Development of friendly legislative environment Polityka konsumencka - wyzwania

16. Polish Consumer Federation Association of Polish Consumers Association for the Promotion of Financial Education Association of Consumer Ombudsmen Eko-Education Association Elbląg Centre for Mediation and Social Activation Pro-Test Foundation Non-governmental organizations (NGOs)

17. www.uokik.gov.pl Thank you for your attention! www.uokik.gov.pl