Activities of Petr JEŽEK related to 2017/0063(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market PDF (820 KB) DOC (122 KB)
Amendments (14)
Amendment 73 #
Proposal for a directive
Recital 15
Recital 15
(15) To ensure the independence of NCAs, their staff and members of the decision-making body should act with integrity and refrain from any action which is incompatible with the performance of their duties. The need to prevent the independent assessment of staff or members of the decision-making body being jeopardised entailsis means that that during their employment and term of office and for a reasonable period thereafter, they should refrain from any incompatible occupation, whether gainful or not that may give rise to a conflict of interests in a specific case. Furthermore, this also entails that in exercising their functions during their employment and their term of office, they should not have an interest in any businesses or organisations which have dealings with a NCAare subject to proceedings for the enforcement of Articles 101 or 102 TFEU in which they take part to the extent that this has the potential to compromise their independence in the handling of the case concerned. The staff and the members of the decision-making body should declare any interest or asset which might create a conflict of interests in the performance of their duties. They should be required to inform the decision-making body, the other members thereof or, in the case of NCAs in whichabstain from any involvement in the decision- making power rests with only one person, their appointing authority, if, in the performance of their duties, they are called upon to deciderocess on a matter in which they have an interest which might impair their impartiality.
Amendment 92 #
Proposal for a directive
Recital 28
Recital 28
(28) Where in the course of proceedings which may lead to an agreement or a practice being prohibited, undertakings or associations of undertakings offer NCAs commitments which meet their concerns, these authorities should be able to adopt decisions which make these commitments binding on, and enforceable against, the undertakings concerned. Such commitment decisions are not suited for secret cartels, for which NCAs should impose a fine. Commitment decisions should find that there are no longer grounds for action by the NCAs without concluding as to whether or not there has been an infringement of Article 101 TFEU or Article 102 TFEU. Commitment decisions are without prejudice to the powers of competition authorities and courts of the Member States to make such a finding of an infringement and decide upon a case.
Amendment 105 #
Proposal for a directive
Recital 34
Recital 34
(34) The deterrent effect of fines differs widely across Europe and in some Member States the maximum amount of the fine that can be set is very low. To ensure NCAs can set deterrent fines, the maximum amount of the fine should be set at a level of not less thanleast at 10% of the total worldwide turnover of the undertaking concerned. This should not prevent Member States from maintaining or introducing a higher maximum amount of the fine.
Amendment 125 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) The director, staff and the members of the decision-making body of national administrative competition authorities can perform their duties and exercise their powers for the application of Articles 101 and 102 TFEU independently from political and other external influence;
Amendment 127 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) The director, staff and the members of the decision-making body of national administrative competition authorities neither seek nor take any instructions from any government or other public or private entity when carrying out their duties and exercising their powers for the application of Articles 101 and 102 TFEU;
Amendment 128 #
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) The director, the staff and the members of the decision-making body of national administrative competition authorities refrain from any action which is incompatible with the performance of their duties and exercise of their powers for the application of Articles 101 and 102 TFEU;
Amendment 129 #
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) TheAppointments to the management and board of the decision-making body of national administrative competition authorities should be made on merit, backed by clear and transparent appointment procedures. The director, members of the decision- making body of national administrative competition authorities may be dismissed only if they no longer fulfil the conditions required for the performance of their duties or have been guilty of serious misconduct under national law. The grounds for dismissal should be laid down in advance in national law. They shall not be dismissed for reasons related to the proper performance of their duties and exercise of their powers in the application of Articles 101 and 102 TFEU as defined in Article 5(2);
Amendment 146 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that national competition authorities have thadequate and stable human, financial and technical resources, including premises and infrastructures that are necessary for the effective performance of their duties and exercise of their powers when applying Articles 101 and 102 TFEU as defined in paragraph 2. Member States shall ensure that national competition authorities have a separate annual budget and have autonomy in using their resources.
Amendment 214 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where an infringement by an association of undertakings relates to the activities of its members, the maximum amount of the fine shall not be set at a level belowleast at 10 % of the sum of the total worldwide turnover of each member active on the market affected by the infringement of the association. However, the financial liability of each undertaking in respect of the payment of the fine shall not exceed the maximum amount set in accordance with paragraph 1.
Amendment 249 #
Proposal for a directive
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The requested authority shall not be obliged to enforce decisions pursuant to paragraph 1 ifunless it is able to demonstrate reasonable grounds to the applicant authority showing how this would be manifestly contrary to public policy in the Member State in which enforcement is sought.
Amendment 250 #
Proposal for a directive
Article 25 – paragraph 5 a (new)
Article 25 – paragraph 5 a (new)
5a. Where an applicant authority disagrees with the refusal of the requested authority to enforce a decision in accordance with paragraph 5, the Commission may, upon the request of the Member State of the applicant authority, issue a binding decision, within three months of the refusal, determining whether the refusal is justified on public policy grounds. If the Commission finds the requested authority's refusal to be unjustified, the requested authority shall enforce the decision pursuant to paragraph 1.
Amendment 251 #
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Article 26a Cost sharing between national competition authorities Member States shall ensure that the national administrative competition authorities requesting assistance shall, upon the request of the requested authority: (a) in relation to action taken pursuant to Articles 23 and 24, bear all reasonable additional costs, including translation and administrative costs; (b) in relation to action taken pursuant to Article 25, allow the requested authority to recover all reasonable administrative costs from a collected fine or penalty payment.
Amendment 253 #
Proposal for a directive
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. The Commission shall ensure that the notification of the start of a formal investigative measure received from a national competition authority under Article 11(3) of Regulation 1/2003 is made available to the national competition authorities of the other Member States within the European Competition Network System.
Amendment 263 #
Proposal for a directive
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6a. Paragraph1 shall be without prejudice to the requirements of national criminal law.