BETA

Activities of Richard SULÍK related to 2016/0148(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2016/0148(COD)

Shadow reports (1)

2016/11/22
Committee: IMCO
Dossiers: 2016/0148(COD)
Documents: PDF(1 MB) DOC(207 KB)

Amendments (31)

Richard SULÍK, Vicky FORD

Proposal for a regulation
Recital 6 a (new)

(6a) This Regulation grants competent authorities the powers they may need in order to comply with the objective of consumer protection cooperation. Member States should remain free to determine the most adequate distribution of powers among national competent authorities. Therefore, this Regulation should be interpreted as meaning that not every competent authority has to have all of the powers listed in this Regulation, provided that every power can be used effectively to address any infringement. Member States may decide, in accordance with the provisions of this Regulation, to assign certain tasks under this Regulation to designated bodies. However, Member States should not be under any obligation to involve designated bodies in the application of this Regulation,

2017/01/16
Committee: IMCO

Richard SULÍK, Vicky FORD

Proposal for a regulation
Recital 6 b (new)

(6b) The exercise of powers by the competent authorities in application of this Regulation should be proportionate to, and should adequately reflect, the nature and actual or potential harm of the infringement concerned. Competent authorities should take into account all facts and circumstances of the case and choose the most appropriate measures which are essential to address the infringement. Those measures should be proportionate and effective,

2017/01/16
Committee: IMCO

Richard SULÍK, Vicky FORD

Proposal for a regulation
Recital 6 c (new)

(6c) The exercise of powers by the competent authorities in application of this Regulation should be in accordance with other applicable Union and national legislation, in particular with applicable procedural safeguards and principles of fundamental rights. Where, for instance, in accordance with national law prior authorisation to enter premises of natural and legal persons is needed from the judicial authority of the Member State concerned, the power to enter such premises should be used only after such prior authorization has been obtained,

2017/01/16
Committee: IMCO

Proposal for a regulation
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. Furthermore, the competent authorities should 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,

2017/01/16
Committee: IMCO

Richard SULÍK, Vicky FORD

Proposal for a regulation
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 penalties 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 b~~, and competent authorities should always take eint~~itled to redress for harm caused by such infringements.~~o account the overall harm resulting from the infringement in all Member States affected,

2017/01/16
Committee: IMCO

Proposal for a regulation
Recital 14

(14) As regards consumer redress, the competent authorities should choose proportionate, just and reasonable measures that would prevent or reduce the risk of recurrence or repetition of infringements, taking into account in particular the anticipated benefits to consumers and the reasonable administrative costs likely to be associated with the implementation of those measures. Where the consumers concerned cannot be identified or where they cannot be identified without disproportionate cost to the trader responsible, the competent authority may order that the restitution of profits obtained through the infringement be paid to the public purse or to a beneficiary designated by the competent authority or under national legislation,deleted

2017/01/16
Committee: IMCO

(23) Consumer organisations play a~~n 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 organisations and European Consumer Centres, should be in a position to notify competent authorities of suspected infringements and share with them information needed to detect, investigate and stop in~~tra-Union infringements and widespread infringements with them~~fringements,

2017/01/16
Committee: IMCO

Proposal for a regulation
Recital 23 a (new)

(23a) Trader associations play a role in informing traders about the rights of consumers and have an interest in supporting the good reputation of traders. Trader associations should be in a position to notify competent authorities of suspected infringements and share with them information needed to detect, investigate and stop infringements, to give their opinion about investigations or infringements and to notify competent authorities of abuse of laws that protect consumers' interests,

2017/01/16
Committee: IMCO

Richard SULÍK, Vicky FORD

Proposal for a regulation
Recital 23 b (new)

(23b) Trader associations should be allowed to participate in the alert mechanism provided for by this Regulation,

2017/01/16
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point c – point 2

(2) any acts or omissions contrary to the Union laws that protect consumers' interests that harmed, harm, or are likely to harm the collective interests of consumers and have common features, such as the same unlawful practice, or the same interest being infringed or, and that are occurring concurrently, committed by the same trader or his or her agents or distributors, in at least twohree Member States;

2017/01/16
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 1

1. The competent authorities may investigate infringements referred to in Article 2 and prohibit traders from engaging in such infringements in the future. The competent authorities may impose penalties for those infringements within five years from the cessation of the infringement.deleted

2017/01/16
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 2

~~2. The limitation period for the imposition of penalties shall begin to run on the day on which the infringement ceased.~~deleted

2017/01/16
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 3

3. Any action taken by the competent authority for the purpose of the investigation or enforcement proceedings in respect of the infringement shall suspend the limitation period for the imposition of penalties until the final decision concerning the matter is adopted. The limitation period for the imposition of penalties shall be suspended for as long as the decision, order or other action of the competent authority is the subject of proceedings pending before a court.deleted

2017/01/16
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 3 a (new)

3a. Competent authorities shall notify each other and the Commission of the limitation periods in place under national law in their jurisdiction applicable to the taking of enforcement measures pursuant to Article 8(2).

2017/01/16
Committee: IMCO

Richard SULÍK, Vicky FORD

Proposal for a regulation
Article 8 – paragraph 1

1. Each competent authority shall have the investigation and enforcement powers necessary for the application of this Regulation and shall exercise them in accordance with this Regulation and national law. Member States shall remain free to determine the most adequate distribution of powers among national authorities.

2017/01/16
Committee: IMCO

Richard SULÍK, Vicky FORD

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

(d) carry out the necessary on-site inspections, including, in ~~particular~~accordance with any requirements under national law to obtain prior judicial authority authorisation, 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;

2017/01/16
Committee: IMCO

Richard SULÍK, Vicky FORD

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

(g) adopt interim measures to prevent the risk of serious and irreparable harm to co~~nsumers, in particular the suspension of a website, domain or a similar digital site, service or account~~llective interests of consumers;

2017/01/16
Committee: IMCO

Proposal for a regulation
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~~;

2017/01/16
Committee: IMCO

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

(i) ~~obtain~~seek to obtain or 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~~;

2017/01/16
Committee: IMCO

Proposal for a regulation
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;~~deleted

2017/01/16
Committee: IMCO

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

(m) impose penalties, including fines and penalty payments, for ~~intra-Union infringements and widespread infringements and for the~~ failure to comply with any decision, order, interim measure, commitment or other measure adopted pursuant to this Regulation;

2017/01/16
Committee: IMCO

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

(n) order the trader responsible for the intra-Union infringement or widespread infringement to compensate consumers that have suffered harm as a consequence of the infringement including, among others, monetary compensation, offering consumers the option to terminate the contract or other measures ensuring redress to consumers who have been harmed as a result of the infringement;deleted

2017/01/16
Committee: IMCO

Proposal for a regulation
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;deleted

2017/01/16
Committee: IMCO

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

(p) publish any final decisions, ~~interim measures or orders~~trader's commitments or orders adopted pursuant to this Regulation, including the publication of the identity of the trader responsible for the intra-Union infringement or widespread infringement in cases where the infringement is serious and has caused harm;

2017/01/16
Committee: IMCO

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

(q) consult ~~consumers,~~ consumer organisations, ~~designated bodies and other persons concerned about the effectiveness of the proposed commitments in ceasing the infringement and removing the harm caused by it~~traders associations and, where applicable, designated bodies.

2017/01/16
Committee: IMCO

Proposal for a regulation
Article 9 – paragraph 1 – introductory part

1. The ~~competent authorities shall exercise the powers set out in Article 8 in accordance with this Regulation and national law~~powers set out in Article 8 shall be exercised either:

2017/01/16
Committee: IMCO

Proposal for a regulation
Article 9 – paragraph 1 – point a

(a) directly by competent authorities under their own authority; or

2017/01/16
Committee: IMCO

Proposal for a regulation
Article 9 – paragraph 1 – point a a (new)

(aa) with the assistance of other competent authorities or other public authorities;

2017/01/16
Committee: IMCO

Proposal for a regulation
Article 9 – paragraph 1 – point a b (new)

(ab) by instructing designated bodies, where such bodies exist; or

2017/01/16
Committee: IMCO

Proposal for a regulation
Article 9 – paragraph 2

2. Insofar as competent authorities exercise their powers by application to courts, those courts shall have the power to grant the necessary decisions and shall act within the framework of this Regulation.deleted

2017/01/16
Committee: IMCO

Richard SULÍK, Vicky FORD

Proposal for a regulation
Article 9 – paragraph 2 a (new)

2a. The exercise of powers set out in Article 8 in application of this Regulation shall be proportionate and in accordance with this Regulation, Union and national law, and shall include applicable procedural safeguards and respect the principles of fundamental rights. Investigation and enforcement measures adopted in application of this Regulation shall adequately reflect the nature of the infringement and the overall actual or potential harm caused by it.

2017/01/16
Committee: IMCO