[ParlTrack]

Proposal for a regulation
Article 1 – paragraph 2

~~2. This Regulation shall apply without prejudice to other provisions allowing the Commission or bodies, offices or agencies of the Union to gather or request information.~~deleted

2018/03/28
Committee: IMCO

Robert Jarosław IWASZKIEWICZ

Proposal for a regulation
Article 2 – paragraph 1

~~This Regulation shall apply in the following areas: (1) in Article 26(2) of the Treaty; (2) than the conservation of marine biological resources; (3) (4) (5)~~deleted the internal market, as referred to agriculture and fisheries, other transport; environment; energy.

2018/03/28
Committee: IMCO

Robert Jarosław IWASZKIEWICZ

Proposal for a regulation
Article 4 – paragraph 1

~~Where~~In the event of a serious difficulty with the application of Union law ~~risks undermining the attainment of an important Union policy objective~~, the Commission may request information from undertakings or associations of undertakings, as provided for in Chapter II, for the purpose of addressing the above- mentioned difficulty only where Member States are unable to provide such information, and solely provided the information is not covered by trade secret and is not important information about the undertaking’s operations.

2018/03/28
Committee: IMCO

Robert Jarosław IWASZKIEWICZ

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1

The undertakings or association of undertakings concerned by the request as referred to in Article 4 are obliged to provide only information that is at their disposal if that information is not covered by trade secret and is not vital to the firm’s development and operations under competitive market conditions.

2018/03/28
Committee: IMCO

Robert Jarosław IWASZKIEWICZ

Proposal for a regulation
Article 7 – paragraph 1

1. The undertakings or associations of undertakings providing information following a Commission’s request for information based on Article 5 shall submit their answers to the Commission in a clear, and complete ~~and accurate~~ manner.

2018/03/28
Committee: IMCO

Robert Jarosław IWASZKIEWICZ

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The Commission shall give the addressee the opportunity to indicate which information it considers to be covered by the obligation of professional ~~secrecy.~~ and trade secrecy. Such information is not covered by this document.

2018/03/28
Committee: IMCO

Robert Jarosław IWASZKIEWICZ

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2

The undertaking or association of undertakings submitting information pursuant to Article 5 shall clearly indicate which information it considers to be confidential, stating the reasons for such confidentiality claim, and provide the Commission with a separate non- confidential version of the submission. When information is to be provided by a certain deadline, the same deadline shall apply for providing the non-confidential versmay refuse to provide the documents if they are confidential, part of a trade secret or vital to the undertaking’s operations under competitive market conditions.

2018/03/28
Committee: IMCO

Robert Jarosław IWASZKIEWICZ

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2

After giving the undertaking or association of undertakings concerned the opportunity of making known its views, the Commission may take a decision finding that the information claimed to be confidential is not protected, and setting a date after which the information is to be disclosed. That period shall not be less than 1three months.

2018/03/28
Committee: IMCO

Robert Jarosław IWASZKIEWICZ

Proposal for a regulation
Article 8 – paragraph 2 – introductory part

The Commission may ~~only~~not include any confidential information ~~provided by undertakings or association of undertakings~~ in documents to be transmitted to other parties or to be made public, ~~in the following case~~unless:

2018/03/28
Committee: IMCO

Robert Jarosław IWASZKIEWICZ

Proposal for a regulation
Article 8 – paragraph 2 – point a

~~(a) where such information is in summary or aggregated form or in any event in a form such that individual undertakings or associations of undertakings cannot be identifi~~deleted;

2018/03/28
Committee: IMCO

Robert Jarosław IWASZKIEWICZ

Proposal for a regulation
Article 8 – paragraph 2 – point c

(c) where the disclosure of such information to a Member State is necessary to substantiate an infringement of Union law within the scope of this Regulation provided that the respondent has had the opportunity to make his views known before a decision is taken and to make use of available judicial remedies before disclosure.deleted

2018/03/28
Committee: IMCO

Robert Jarosław IWASZKIEWICZ

Proposal for a regulation
Article 8 – paragraph 3

~~The information that has already been made public may be used by the Commission for a purpose other than the one set out in this Regulation.~~deleted

2018/03/28
Committee: IMCO

Robert Jarosław IWASZKIEWICZ

Proposal for a regulation
Article 9 – paragraph 1

1. The Commission may, by decision, where deemed necessary and proportionate, impose on undertakings or association of undertakings fines not exceeding 1 % of their total turnover in the preceding business year where they intentionally or through gross negligence: (a) information in response to a request made pursuant to Article 6(2); (b)deleted supply incorrect~~, incomplete~~ or misleading ~~information in response to a decision adopted pursuant to Article 6(3) or do not supply the information within the prescribed time limit.~~

2018/03/28
Committee: IMCO

Robert Jarosław IWASZKIEWICZ

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1

The Commission may, by decision, impose on undertakings or associations of undertakings periodic penalty payments where an undertaking fails to supply complete, accurate and not misleading information within the prescribed deadline as requested by the Commission by a decision adopted pursuant to Article 6(3).deleted

2018/03/28
Committee: IMCO

Robert Jarosław IWASZKIEWICZ

Proposal for a regulation
Article 9 – paragraph 3

3. Where the undertaking or association of undertakings provides no or incomplete information, the Commission shall prior the imposition of a fine or penalty, set a final deadline of two weeks to receive the missing information.deleted

2018/03/28
Committee: IMCO

Robert Jarosław IWASZKIEWICZ

Proposal for a regulation
Article 9 – paragraph 4

4. The Commission shall take into account the nature, gravity and duration of the breach of Article 6(1), as well as the principle of proportionality in particular with regard to small and medium-sized undertakings when fixing the amount of the fine or periodic penalty payment.deleted

2018/03/28
Committee: IMCO

Robert Jarosław IWASZKIEWICZ

Proposal for a regulation
Article 9 – paragraph 5

5. Where the undertakings or associations of undertakings have satisfied the obligation which the periodic penalty payment was intended to enforce, the Commission may reduce or waive the amount of the periodic penalty payment.deleted

2018/03/28
Committee: IMCO

Robert Jarosław IWASZKIEWICZ

Proposal for a regulation
Article 9 – paragraph 6

~~6. Before adopting any decision in accordance with paragraph 1 or 2, the Commission shall give the concerned undertakings or associations of undertakings the opportunity of making known their views.~~deleted

2018/03/28
Committee: IMCO

18 Amendments of Robert Jarosław IWASZKIEWICZ related to 2017/0087(COD)

ParlTrack - 2011-2024