84 Amendments of Ildikó GÁLL-PELCZ related to 2016/0148(COD)
Amendment 212 #
Proposal for a regulation
Recital 12
Recital 12
(12) In the digital environment in particular, the competent authorities should be able to stop infringements quickly and effectively, notably where the trader selling goods or services conceals its identity or relocates within the Union or to a third country to avoid enforcement. In cases where there is a risk of serious and irreparable harm to consumers, the competent authorities should to be able to adopt interim measures to prevent such harm or reduce it, including, where necessary, the suspension of a website, domain or a similar digital site, service or account. FurthermorIn such a case, the competent authorities should also have the power to take down or have a third party service provider take down a website, domain or a similar digital site, service or account,
Amendment 218 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure that traders are sufficiently deterred from committing or repeating infringements and that they will not profit from those infringements, the rules on penaltiesanctions which have been adopted by Member States in accordance with the requirements of Union laws that protect consumers’ interests should also be applied to intra-Union infringements and widespread infringements. For those same reasons, consumers should be entitled to redress for harm caused by such infringements.,
Amendment 227 #
Proposal for a regulation
Recital 15
Recital 15
(15) The effectiveness and efficacy of the mutual assistance mechanism should be improved. Information requested should be provided in a timely manner and the necessary enforcement measures should be adopted in a timely manner. The Commission should therefore set binding time periods for competent authorities to reply to information and enforcement requests, and clarify procedural and other aspects of handling information and enforcement requests, bwithin the period laid down by this Regulation and the necessary enforcement measures should be adopted in a timely means of implementing measuresner,
Amendment 231 #
Proposal for a regulation
Recital 20
Recital 20
(20) In the context of widespread infringements and widespread infringement with a Union dimension, the rights of defence of the traders concerned should be respected. TWhile this requires, in particular, giving the trader the right to be heard and to use the language of its choice during the proceedings, it is also essential to ensure compliance with Union legislation on the protection of undisclosed know-how and business information,
Amendment 236 #
Proposal for a regulation
Recital 23
Recital 23
(23) Consumer organisations play an essential role in informing consumers about their rights and educating them and protecting their interests, including the settlement of disputes. Consumers should be encouraged to cooperate with the competent authorities to strengthen the application of this Regulation. Consumer organisations, in particular consumer organisations that may be delegated enforcement tasks under this Regulation and European Consumer Centres, shcould be in a position to notify competent authorities of suspected infringements and share information needed to detect, investigate and stop intra- Union infringements and widespread infringements with them,
Amendment 239 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure uniform conditions for the implementation and exercise of the minimum powers of competent authorities, set time limits and set out other necessary details of procedures intended, in accordance with this Regulation, to address intra-Union infringements, widespread infringements and details of the surveillance mechanism and administrative cooperation among competent authorities, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council60 , _________________ 60 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2. 2011, p. 13-18).
Amendment 247 #
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Regulation shall be without prejudice to private compensation claims and actions for the enforcement thereof under national law.
Amendment 248 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. This Regulation shall be without prejudice to the application in the Member States of measures relating to judicial cooperation in criminal and civil matters, in particular the operation of the European Judicial Network, and to the application of legal instruments regarding judicial cooperation in criminal matters.
Amendment 249 #
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
6. This Regulation shall be without prejudice to the role and powers of competent authorities and European Banking Authority under Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts. Chapter III of this Regulation shall not apply to intra-Union infringements of the two Directives referred to in the first subparagraph.
Amendment 250 #
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
Amendment 256 #
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) 'widespread infringement with a Union dimension' means a widespread infringement that harmed, harms or is likely to harm consumer's collective interests in a majority of Member States accounting together for at least a majority of the population of the Union.
Amendment 257 #
Proposal for a regulation
Article 3 – paragraph 1 – point c b (new)
Article 3 – paragraph 1 – point c b (new)
(cb) 'designated body' means a body that a Member State can designate and which has a legitimate interest in the cessation or prohibition of infringements of Union laws that protect consumers' interests;
Amendment 258 #
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) 'consumer' means any natural person who is acting for purposes which are outside his trade, business, craft or profession;
Amendment 276 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that competent authorities and single liaison offices have the adequate resources necessary for the application of this Regulation and for the effective use of their powers pursuant to Article 8, including sufficient budgetary and other resources, expertise, procedures and other arrangements.
Amendment 278 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Each Member State may designate bodies having a legitimate interest in the cessation or prohibition of infringements ("impose an obligation on designated bodies") to gather the necessary information and to take the necessary enforcement measures available to them under national law on behalf of a requested competent authority.
Amendment 279 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall ensure cooperation between the competent authorities and designated bodies, in particular to ensure that infringements referred to in Article 2(1) are brought to the attention of competent authorities without delay.
Amendment 281 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Amendment 288 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) subject to paragraph 2a, require the supply by any natural or legal person, including banks, internet service providers, domain registries and registrars and hosting service providers of any relevant information, data or document in any format or form and irrespective of the medium on which or the place where they are stored, for the purpose of among others identifying and following financial and data flows, or of ascertaining the identity of persons involved in financial and data flows, bank account information and ownership of websites;
Amendment 292 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) without prejudice to limitations set out by national law, require any public authority, body or agency within the Member State of the competent authority to supply any relevant information, data or document in any format or form and irrespective of the medium on which or the place where they are stored, for the purpose among others, of identifying and following of financial and data flows, or of ascertaining the identity of persons involved in financial and data flows, bank account information and ownership of websites;
Amendment 298 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) subject to paragraphs 2a and 2b, carry out the necessary on-site inspections, including in particular the power to enter any premises, land or means of transport or to request other authorities to do so in order to examine, seize, take or obtain copies of information, data or documents, irrespective of the medium on which they are stored; to seal any premises or information, data or documents for a necessary period and to the extent necessary for the inspection; to request any representative or member of the staff of the trader concerned to give explanations on facts, information or documents relating to the subject matter of the inspection and to record the answers;
Amendment 308 #
Proposal for a regulation
Article 8 – paragraph 2 – point g
Article 8 – paragraph 2 – point g
(g) adopt interim measures to prevent the risk of serious and irreparable harm to the collective interests of consumers, in particular the suspension of a website, domain or a similar digital site, service or account;
Amendment 311 #
Proposal for a regulation
Article 8 – paragraph 2 – point h
Article 8 – paragraph 2 – point h
(h) start investigations or procedures to bring about the cessation or prohibition of intra-Union infringements or widespread infringements of its own initiative and where appropriate to publish information about this;
Amendment 315 #
Proposal for a regulation
Article 8 – paragraph 2 – point i
Article 8 – paragraph 2 – point i
(i) obtainseek and accept a commitment from the trader responsible for the intra- Union infringement or widespread infringement to cease the infringement and where appropriate to compensate consumers for the harm caused;
Amendment 317 #
Proposal for a regulation
Article 8 – paragraph 2 – point j
Article 8 – paragraph 2 – point j
(j) request in writing the cessation of the infringement by the trader or prohibit the infringement;
Amendment 318 #
Proposal for a regulation
Article 8 – paragraph 2 – point k
Article 8 – paragraph 2 – point k
Amendment 326 #
Proposal for a regulation
Article 8 – paragraph 2 – point l
Article 8 – paragraph 2 – point l
(l) close down a website, domain or similar digital site, service or account or a part of it, including by requesting a third party or other public authority to implement such measures, in order to prevent the risk of serious and irreparable harm to the collective interests of consumers;
Amendment 330 #
Proposal for a regulation
Article 8 – paragraph 2 – point m
Article 8 – paragraph 2 – point m
(m) impose penaltiesanctions, including fines and penalty payments, for intra-Union infringements, widespread infringements and widespread infringements with a Union dimension, and for the failure to comply with any decision, order, interim measure, commitment or other measure adopted pursuant to this Regulation;
Amendment 338 #
Proposal for a regulation
Article 8 – paragraph 2 – point o
Article 8 – paragraph 2 – point o
(o) order the restitution of profits obtained as a result of infringements, including an order that those profits are paid to the public purse or to a beneficiary designated by the competent authority or under national legislation;
Amendment 344 #
Proposal for a regulation
Article 8 – paragraph 2 – point p
Article 8 – paragraph 2 – point p
(p) publish any final decisions, interim measures or orders, including the publication of the identity of the trader responsible for the intra-Union infringement or widespread infringement;
Amendment 347 #
Proposal for a regulation
Article 8 – paragraph 2 – point q
Article 8 – paragraph 2 – point q
(q) consult consumers, consumer organisations, designated bodies, where applicable, and other persons concerned about the effectiveness of the proposed commitments in ceasing the infringement and removing the harm caused by it.
Amendment 348 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Where in accordance with national law prior authorisation to enter premises of natural and legal persons as referred to in point (d) of paragraph 2 is needed from the judicial authority of the Member State concerned, the power referred to in that point shall be exercised only after such prior authorisation has been obtained.
Amendment 350 #
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2b. When a decision is being made whether to impose a sanction and on the amount of the fine to be imposed in each individual case, due regard shall be given to the following: (a) the nature, gravity and duration of the infringement, taking into account the number of consumers affected and the level of damage suffered by them; (b) the intentional or negligent character of the infringement; (c) any action taken by the trader to mitigate the damage suffered by consumers; (d) any relevant previous infringements committed by the trader; (f) the degree to which the trader has cooperated with the competent authority in order to remedy the infringement and mitigate the possible adverse effects of the infringement.
Amendment 355 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. The competent authorities shall exercise the powers set out in Article 8 in a proportionate, efficient and effective manner and in accordance with this Regulation, Union and national law either:
Amendment 358 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) directly under their own authority; or
Amendment 360 #
Proposal for a regulation
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(aa) with the assistance of other public authorities; or
Amendment 370 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 374 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A requested authority shall, on request from an applicant authority, supply to the latter, within 30 days, any relevant information required to establish whether an intra-Union infringement has occurred and to bring about the cessation of that infringement. The requested authority shall notify the Commission without delay of the request for information and of its reply.
Amendment 379 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 383 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 385 #
Proposal for a regulation
Article 12 – paragraph 3 – point c
Article 12 – paragraph 3 – point c
(c) which penaltiesanctions have been imposed;
Amendment 386 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The requested authority shall reply to the request using the procedures for requests for enforcement measures and within the time limits set out by the Commission in the implementing actappropriate time limits.
Amendment 389 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 398 #
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) criminal investigations or judicial proceedings have already been initiated or final judgment has already been givthere is an administrative decision, a judgment or a court settlement in respect of the same intra-Union infringement and against the same trader before the judicial authorities in the Member State of the requested or applicant authority.
Amendment 399 #
Proposal for a regulation
Article 15 – paragraph 2 – point c – paragraph 1
Article 15 – paragraph 2 – point c – paragraph 1
(c) in its opinion, the applicant authority has not provided sufficient information in accordance with Article 124(1),
Amendment 404 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. In the event of a disagreement between the applicant and the requested authority, the applicant authority or the requested authority shall without delmay refer the matter to the Commission which shall issue an opinion. Where the matter is not referred to it, the Commission may of its own motion issue an opinion.
Amendment 409 #
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
Amendment 412 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where the Commission has a reasonable suspicion that a widespread infringement is taking place, it shall without delay notify the competent authorities concerned by the widespread infringement.
Amendment 415 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The competent authorities concerned may invite the Commission to take up the coordination role. The Commission shall inform the competent authorities concerned without delay whether it accepts the coordination role. If, however, that request is made by a majority of Members States accounting together for at least a majority of the population of the Union, the Commission shall not refuse the coordination role.
Amendment 420 #
Proposal for a regulation
Article 16 – paragraph 6 a (new)
Article 16 – paragraph 6 a (new)
6a. A competent authority may join in the coordinated action if, during the course of the coordinated action, it becomes apparent that it is concerned by the widespread infringement.
Amendment 421 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The competent authorities concerned shall ensure that the necessary evidence, data and information are gathered effectively and efficiently. The competent authorities concerned shall ensure that investigations and inspections are conducted simultaneously and that interim measures are applied simultaneously to the extent that national procedural law so allows.
Amendment 423 #
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. The common position shall be communicated to the trader responsible for the infringement, who shall have the right to be heard.
Amendment 426 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where appropriate and without prejudice to the rules on professional and commercial secrecy set out in Article 41, the competent authorities concerned may decide to publish the common position or parts of it on their websites and on the Commission website and seek the views of other parties concerned.
Amendment 436 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
The coordinating authorityor shall inform the Commission and competent authorities of the Member States concerned without delay when the widespread infringement has ceased or has been prohibited.
Amendment 440 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where there is a reasonable suspicion that a widespread infringement harmed, harms or is likely to harm consumers in at least three quarters of the Member States accounting together for at least three quarters of the population of the Union ("widespread infringement with a Union dimension"), the Commission shall launch a common actwith a Union dimension is taking place, the Commission shall launch and coordinate a common action by adopting a decision. For that purpose the Commission may request the necessary information or documents from the competent authorities.
Amendment 445 #
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
Amendment 446 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. The common position shall be communicated to the trader responsible for the infringement, who shall have the right to be heard.
Amendment 454 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
Amendment 455 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) coordinate and monitor the investigations, the inspections and the adoption of interim measures that are decided upon by the competent authorities concerned in accordance with sections I and II, monitor investigations, inspections and interim measures, as well as other measures, pursuant to Article 8;
Amendment 458 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The languages used by the competent authorities and the Commission for notifications and for all communications linked to the coordinated actions, common actions and concerted investigations of consumer marketsweeps pursuant to this Chapter shall be agreed upon by the competent authorities concerned and the Commission.
Amendment 459 #
Proposal for a regulation
Article 31 – title
Article 31 – title
Amendment 461 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
Amendment 462 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. TFor the procedures set out in this Chapter, the trader shall be entitled to communicate in the official language of the Member State of its establishment or residence. The trader may waive that right or request that another official language of the Union be used for communicating with the competent authorities.
Amendment 465 #
Amendment 467 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Where market trends, consumer complaints or other indications suggest that widespread infringements may have occurred, occur or may occur, the competent authorities concerned may decide to conduct a concerted investigation of consumer markets ("sweep"). Such a concerted investigationsweep shall be coordinated by the Commission.
Amendment 468 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. When conducting concerted investigationsweeps, the competent authorities concernedparticipating therein shall make effective use of the powers set out in Article 8 and other powers conferred upon them by national law.
Amendment 469 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The competent authorities may invite Commission officials, designated bodies, and other accompanying persons authorised by the Commission, when appropriate, to participate in sweeps.
Amendment 473 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. A competent authority shall without delay notify the Commission and other competent authorities of any reasonable suspicion that an intra-Union infringement or a widespread infringement is taking place on its territory that may affect consumers' interests in other Member States ('alert') using the standard form via the database referred to in Article 43.
Amendment 474 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Commission shall without delay notify the competent authorities concerned of any reasonable suspicion that an intra-Union infringement or a widespread infringement has occurred on the Union's territory ('alert') via the database referred to in Article 43.
Amendment 475 #
Proposal for a regulation
Article 34 – paragraph 3 – point i
Article 34 – paragraph 3 – point i
Amendment 476 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. In an alert 'for action', the competent authority or the Commission may ask other competent authorities and the Commission to verify whether similar suspected infringements may bare taking place in the territory of other Member States or whether any enforcement measures have already been taken against such infringements in other Member States.
Amendment 479 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Designated bodies and European Consumer Centres shall participate in the alert mechanism set out in Article 34. Member States shall designateas well as consumer organisations and associations, and other entities such as trader associations, with having the appropriate expertise and legitimate interest in consumer protection that shall participate in the alert mechanismand designated by Member States, may notify competent authorities of the Member State concerned and the Commission of suspected infringements and provide the information set out in Article 34(3) using the standard form for external notifications provided by the database referred to in Article 43 ('external alert'). Member States shall notify the Commission of those entities without delay.
Amendment 484 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The external alerts shall only be 'for information'. The competent authorities shall not be bound to initiate a procedure or take any other action in response to the alerts and information provided by those entitiesexternal alert. Entities making external alerts shall ensure that the information provided is correct, up to date and accurate and shall correct the information posted without delay or withdraw it as appropriate. For that purpose, they shall have access to the information they have provided, subject to the limitations referred to in Articles 41 and 43.
Amendment 487 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
Amendment 492 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 493 #
Proposal for a regulation
Article 37 – paragraph 1 – point a
Article 37 – paragraph 1 – point a
Amendment 500 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 504 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 506 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Information collected pursuant to Article 8 which isby or communicated to the competent authorities and the Commission shall only be used for the purposes of ensuring compliance with the Union laws that protect consumers' interests.
Amendment 514 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Evidence, documents, information, explanations and investigation findings made by a competent authority in one Member State in accordance with Article 8 may be used for proceedings initiated in application of this Regulation by competent authorities in other Member States without further formal requirements.
Amendment 516 #
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Information provided by other authorities, entities referred to in Article 35 and designated bodies shall be stored and processed in the electronic database but those authorities, entities and designated bodies shall not have access to thisat database.
Amendment 522 #
Proposal for a regulation
Article 45 – paragraph 1 – point f
Article 45 – paragraph 1 – point f
Amendment 524 #
Proposal for a regulation
Article 46
Article 46
Amendment 529 #
Proposal for a regulation
Article 48 a (new)
Article 48 a (new)
Article 48a Data protection With regard to the processing of personal data within the framework of this Regulation, competent authorities shall carry out their tasks pursuant to this Regulation in accordance with Regulation (EU) 2016/679.
Amendment 535 #
Proposal for a regulation
Annex I – point 24 a (new)
Annex I – point 24 a (new)
24a. Regulation (EU) XXXX/XX of the European Parliament and of the Council on addressing geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.