7 Amendments of Pina PICIERNO related to 2017/0063(COD)
Amendment 29 #
Proposal for a directive
Recital 12
Recital 12
(12) The exercise of the powers conferred on NCAs should be subject to appropriate safeguards which at least meet the standards of general principles of EU law and the Charter of Fundamental Rights of the European Union. These safeguards include the right to good administration and the respect of undertakings̕ rights of defence, an essential component of which is the right to be heard. In particular, NCAs should inform the parties under investigation of the preliminary objections raised against them under Article 101 or Article 102 TFEU prior to taking a decision which adversely affects their interests and those parties should have an opportunity to effectively make their views known on these objections before such a decision is taken. Parties to whom preliminary objections about an alleged infringement of Article 101 or Article 102 TFEU have been notified should have the right to access the relevant case file of NCAs to be able to effectively exercise their rights of defence This is subject to the legitimate interest of undertakings in the protection of their business secrets and does not extend to confidential information and internal documents of, and correspondence between, the NCAs and the Commission. Moreover, the addressees of final decisions of NCAs applying Article 101 or Article 102 TFEU should have the right to an effective remedy before a tribunal, in accordance with Article 47 of the Charter of Fundamental Rights of the European Union. Such final decisions of NCAs should be reasoned so as to allow addressees of such decisions to ascertain the reasons for the decision and to exercise their right to an effective remedy. The design of these safeguards should strike a balance between respecting the fundamental rights of undertakings and the duty to ensure that Articles 101 and 102 TFEU are effectively enforced. In addition, effective protection is needed especially on protecting individuals who report or disclose information about violations of EU competition law.
Amendment 37 #
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 than 104% of the total world wide turnover of the undertaking concerned. This should not prevent Member States from maintaining or introducing a higher maximum amount of the fine. Decisions of NCAs to sanction an undertaking should be applicable throughout the whole Union territory, irrespective of the jurisdiction of the Member State in which they operate.
Amendment 47 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that national competition authorities have the human, financial and technical resources that are necessary for the effective and independent performance of their duties and exercise of their powers when applying Articles 101 and 102 TFEU as defined in paragraph 2.
Amendment 49 #
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. Decisions of NCAs to sanction an undertaking are applicable throughout the whole Union territory, irrespective of the jurisdiction of the Member State in which they operate.
Amendment 50 #
1. Member States shall ensure that the maximum amount of the fine a national competition authority may impose on each undertaking or association of undertakings participating in an infringement of Articles 101 or 102 TFEU should not be set at a level below 104% of its total worldwide turnover in the business year preceding the decision.
Amendment 52 #
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 below 104 % 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 59 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Information collected on the basis of the provisions referred to in this Directive should only be used for the purpose for which it was acquired. It should not be used in evidence for the imposition of sanctions on natural persons. Where the criminal liability of the individual is concerned, the competition authorities may transmit data from the case file to the court or to the prosecutor's office.