55 Amendments of Daniel BUDA related to 2016/0148(COD)
Amendment 26 #
Proposal for a regulation
Recital 1
Recital 1
Amendment 27 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Digital Single Market Strategy adopted by the Commission on 6 May 2015 identified as one of the priorities the need to enhance consumer trust through more rapid, agile and, consistent and coherent enforcement of consumer rules. The Single Market Strategy adopted by the Commission on 28 October 2015 reiterated that enforcing Union consumer protection legislation should be further strengthened by the revision of the Regulation on Consumer Protection Cooperation,
Amendment 29 #
Proposal for a regulation
Recital 3
Recital 3
(3) The resulting ineffective enforcement of cross-border infringements, in particular in the digital environment, enables traders to evade enforcement by relocating within the Union, giving rise to a distortion of competition for law-abiding traders operating (whether online or offline) either domestically or cross- border, and thus directly harmingand significantly harming the single market and consumers and undermineing consumer confidence in cross-border transactions and the Single Market. An increased level of harmonisation setting effective and efficient enforcement cooperation among competent public enforcement authorities is therefore necessary to detect, investigate and order the cessation of intra-Union infringements and widespread infringementsprovide an efficient and proportionate response to widespread infringements with a Union dimension that significantly harm consumers and the single market,
Amendment 31 #
Proposal for a regulation
Recital 6
Recital 6
(6) Competent authorities should have a minimum set of powers of investigation and enforcement to apply this Regulation effectively, to ensure efficient and legally sound cross-border cooperateion with each other, and to deter traders from committing intra- Union infringements and widespread infringements. Those powers should be adequatebalanced, adequate and sufficient to tackle the enforcement challenges of e-commerce and the digital environment where the possibilities of a trader easily concealing its identity or changing it are of particular concern. Those powers should ensure that information and evidence can be validly exchanged among competent authorities to achieve effective enforcement at an equal level in all Member States,
Amendment 35 #
Proposal for a regulation
Recital 9
Recital 9
(9) Competent authorities should be in a position tomay open investigations on their own initiative if they become aware of intra-Union infringements or widespread infringements by means other than consumer complaints. This is particularly necessary to ensure effective cross-border cooperation among competent authorities when addressing widespread infringements,
Amendment 37 #
Proposal for a regulation
Recital 10
Recital 10
(10) Competent authorities should have access to all necessary evidence, data and information to determine whether an intra- Union infringement or widespread infringement has occurred, and in particular to identify the trader responsible, irrespective of who possesses this evidence, information or data, of where it is located and of its format. Competent authorities should be able to directly request that third parties in the digital value chain provide all the evidence, data and information necessary, taking account of compliance with the rules governing personal data and privacy, and the protection of classified information,
Amendment 39 #
Proposal for a regulation
Recital 11
Recital 11
(11) Competent authorities should be able to verify compliance with national and Union consumer protection legislation and to obtain information and evidence of intra-Union infringements or widespread infringements, especially those that take place during or after the purchase of goods and services. They should therefore have the power to make test purchases and, where the evidence cannot be obtained by other means, to purchase goods or services under a cover identity,
Amendment 41 #
Proposal for a regulation
Recital 12
Recital 12
(12) In the digital environment in particular, the competent authorities should be able to take effective and transparent measures 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,
Amendment 43 #
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, within clear time limits, and the necessary enforcement measures should be adopted in a timely and transparent manner. The Commission should therefore set clear and 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, by means of implementing measures,
Amendment 46 #
Proposal for a regulation
Recital 18
Recital 18
(18) Coordinated screening of online e- commerce websites (sweeps) areis another form of enforcement coordination that has proven to be an effective tool against infringements that should be retained and strengthened in the future, including by extending it to offline sectors,
Amendment 48 #
Proposal for a regulation
Recital 19
Recital 19
(19) Widespread infringements with a Union dimension may cause large scasignificant harm to the single hmarmket and to a majority of consumers in the Union. They therefore requirIn order to combat them, therefore, the Commission should launch and coordinate a specific Union-level coordination procedure with the Commission as the mandatory coordinator. To ensure that the procedure is launched in a timely, coherent and effective manner and that the conditions are verified in a uniform manner, the Commission should be in charge of verifying whether the conditions for the launch of the procedure are fulfilled. Evidence and information collected during the commonordinated action should be used seamlessly in national proceedings when required,
Amendment 50 #
Proposal for a regulation
Recital 20
Recital 20
(20) In the context of infringements, widespread infringements and widespread infringement with a Union dimension, access to justice and the rights of defence of the traders concerned should be respected. TInter alia, this requires, in particular, giving the trader the right to be heard and to use the language of its choice during the proceedings,
Amendment 51 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) In order to analyse developments in the area of enforcement of consumer protection law and improve cooperation networks, the Commission should submit regular public reports containing statistics and summarising developments in the area of consumer protection law enforcement, collected within the framework of the cooperation provided for by this Regulation,
Amendment 52 #
Proposal for a regulation
Recital 25
Recital 25
(25) Data related to consumer complaints may help policymakers at a national and Union level to assess the functioning of consumer markets and detect infringements or risks of infringements. With a view to facilitating the exchange of such data at a Union level, the Commission has adopted a Recommendation on the use of a harmonised methodology for classifying and reporting consumer complaints and enquiries59 . That Recommendatione Member States should be implemented to fully support that Recommendation in order to fully support and encourage cross- border enforcement cooperation and facilitate the detection of intra-Union infringements and widespread infringements, _________________ 59 Commission Recommendation on the use of harmonised methodology for classifying consumer complaints and enquiries (2010/304/EU, OJ L 136, 2.6. 2010, p. 1-31).
Amendment 56 #
Proposal for a regulation
Recital 35
Recital 35
(35) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union67 . Accordingly this Regulation should be interpreted and applied with respect to those rights and principles. When exercising the minimum powers set out in this Regulation, the competent authorities should guarantee that the principle of proportionality is respected and strike an appropriate balance between the interests protected by fundamental rights such as a high level of consumer protection, the freedom to conduct business and freedom of information. _________________ 67OJ C 364, 18.12.2000, p. 1.
Amendment 58 #
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35a) This Regulation should be interpreted and applied in full compliance with the Union rules on the protection and processing of personal data,
Amendment 63 #
Proposal for a regulation
Article 3 – paragraph 1 – point c – point 2
Article 3 – paragraph 1 – point c – point 2
(2) any acts or omissions contrary to the laws that protect consumers interests and that harmed, harm, or are likely to harm consumers' collective interests and that have common features, such as the same unlawful practice, the same interest being infringed, or that are occurring concurrently, in at least two Member States;
Amendment 65 #
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) 'competent authority' means any public authority established at national, regional or local level with specific responsibilities to enforce laws that protect consumers' interests;
Amendment 66 #
Proposal for a regulation
Article 3 – paragraph 1 – point e b (new)
Article 3 – paragraph 1 – point e b (new)
(eb) ‘single liaison office’ means the public authority designated by each Member State to be responsible for coordinating the application of this Regulation within that Member State;
Amendment 67 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘harm to collective interests of consumers’ means actual or potential harm to the interests of a reasonable number of consumers that are concerned by intra- Union infringements or widespread infringements; and that shall be presumed in particular where the infringement potentially; or actually harmed, harms or is likely to harm a significantreasonable number of consumers in a similar situation.
Amendment 69 #
Proposal for a regulation
Article 4 – paragraph 1
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, pursuant to Article 8(m)(n) and (o).
Amendment 76 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The limitation period for the imposition of penaltiesthe sanctions under paragraph 1 shall begin to run on the day on which the infringement ceased.
Amendment 79 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
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 penaltiesng the sanctions under paragraph 1 until the final decision concerning the matter is adopted. The limitation period for the imposition of penaltiesanctions 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.
Amendment 80 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 81 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The single liaison office shall be responsible for coordinatinge investigation and enforcement activities related to intra- Union infringements and widespread infringements by the competent authorities, other public authorities as set out in Article 6, designated bodies as set out in Article 13 and entities participating in the alert mechanism as set out in Article 34.
Amendment 82 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. The single liaison office shall not be responsible for the actions or omissions of the competent authorities, of the other public authorities referred to in Article 6, of the designated bodies referred to in Article 13 or of the bodies participating in the alert mechanism provided for in Article 34;
Amendment 83 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The Commission may provide support to the Member States shallto 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 85 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shall communicate without delay to the Commission and the other Member States the identities of the competent authorities, of the single liaison office, of the designated bodies as set out in Article 13 and of the entities participating in the alert mechanism as set out in Article 34, as well asinformation on their organisation and powers, and any changes theretoo them.
Amendment 89 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) 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; these provisions must be interpreted and applied in full compliance with the Union rules on the protection and processing of personal data;
Amendment 93 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) (d) carry out the necessary on-site inspections, including in particular the power to enter any premises, land or means of transport that the trader owns or uses for purposes related to his trade, business, craft or profession, 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 110 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 111 #
Proposal for a regulation
Article 15 – paragraph 2 – point c – paragraph 1
Article 15 – paragraph 2 – point c – paragraph 1
in its opinion, the applicant authority has not provided sufficieall the relevant information in accordance with Article 12(1),
Amendment 112 #
Proposal for a regulation
Article 15 – paragraph 2 – point c – paragraph 2
Article 15 – paragraph 2 – point c – paragraph 2
Amendment 117 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the trader proposes commitments, the competent authorities concerned, may, where appropriate, publish the proposed commitments on their websites or, as appropriate, on the Commission website, to seek the views of oinform ther parties concerned and to verify whether the commitments are sufficient to cease the infringement and to compensate consumers.
Amendment 119 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The competent authorities concerned may designate one competent authority to take enforcement measures on behalf of the other competent authorities in order to bring about the cessation or to prohibit the widespread infringement, to ensure compensation of consumers or to impose penalties. When designating a competent authority to take enforcement measures, the competent authorities shall take into consideration the location of the trader concerned. When designating a competent authority to take enforcement measures, the competent authorities shall take into consideration the location of the trader concerned, while also taking into consideration the protection of consumer interests. Once the competent authority has been designated to take enforcement measures by the other competent authorities concerned, it shall become competent to act on behalf of the consumers of each such Member State as if they were its own consumers.
Amendment 128 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the trader proposes commitments, the competent authorities concerned may, where appropriate, publish the proposed commitments on their websites and on the Commission website, to seek the views of oinform ther parties concerned and to verify whether those commitments are sufficient to cease the infringement and to compensate consumers.
Amendment 129 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Once a competent authority is designated to take enforcement measures by the other competent authorities concerned, it shall be competent to act on behalf of the consumers of each Member State as if they were its own consumers. When designating a competent authority to take enforcement measures, the competent authorities shall take the location of the trader concerned into consideration, while consistently taking account of the protection of consumer interests.
Amendment 132 #
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 137 #
Proposal for a regulation
Article 34 a (new)
Article 34 a (new)
Article 34a Other alert mechanism procedures 1. If the laboratory tests or technical assessments do not confirm the factors that triggered the alert, the competent authorities or the Commission, as appropriate, shall proceed without delay to take all measures necessary to remedy matters and restore balance on the internal market and/or in the market sector where the trader operates, so as to protect the trader and avoid harming his interests. In this connection, the competent authorities or the Commission, as appropriate, shall inform consumers as soon as possible after a false alert has been identified as such. 2. Where the interests of the trader are harmed as a result, the competent authorities or the Commission,as appropriate, shall take action to compensate him. 3. The measures taken to compensate the trader should, in particular, seek to restore his credibility in the market sector(s) where he operates and/or on the internal market, as appropriate.
Amendment 139 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Designated bodies and European Consumer Centres shallmay participate in the alert mechanism set out in Article 34. Member States shallmay designate consumer organisations and associations, and other entities such as trader associations, with the appropriate expertise and legitimate interest in consumer protection that shallmay participate in the alert mechanism. In such cases, Member States shall notify the Commission of those entities without delay.
Amendment 142 #
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 external entities. 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, update it 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. If the competent authorities, as a result of such alerts, decide to take further action, they shall inform external entities concerned.
Amendment 147 #
Proposal for a regulation
Article 37 – paragraph 1 – introductory part
Article 37 – paragraph 1 – introductory part
1. Insofar as deemed necessary to achieve the objectives of this Regulation, Member States shall inform each other and the Commission of their activities in the following areas:
Amendment 148 #
Proposal for a regulation
Article 37 – paragraph 1 – point a
Article 37 – paragraph 1 – point a
(a) the training of their officials involved in enforcing consumer protection, including language training, and the organisation of training seminars;responsible for implementing this Regulation
Amendment 149 #
Proposal for a regulation
Article 37 – paragraph 1 – point e
Article 37 – paragraph 1 – point e
(e) the development of standards, methodologies and guidelines for officials involved in enforcing consumer protecconcerning the implementation of this Regulation;
Amendment 150 #
Proposal for a regulation
Article 37 – paragraph 1 – point f
Article 37 – paragraph 1 – point f
Amendment 151 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Insofar as deemed necessary to achieve the objectives of this Regulation, Member States shall coordinate and jointly organisze their activities in the areas set out in paragraph 1.
Amendment 154 #
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. Member States shallmay inform each other and the Commission of their activities in protecting consumers' interests such as:
Amendment 158 #
Proposal for a regulation
Article 41 – paragraph 3 – introductory part
Article 41 – paragraph 3 – introductory part
3. Notwithstanding paragraph 2, the competent authorities may use and disclose the information necessary, subject to compliance with the fundamental rights of consumers and Union personal data protection and processing law:
Amendment 161 #
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. Every two years from xx/xx/20xx [the date of entry into force of this Regulation], each Member State shall submit to the Commission biennial enforcement plans, using a dedicated online standard form provided by the Commission. Before submitting the national biennial plans, Member States should consult standard online form and propose amendments thereto, if approriate. Under no circumstances should the standard online form complicate the administrative work of the Member States. The enforcement plans shall contain in particular:
Amendment 162 #
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
(d) the priority areas for the enforcement of theUnion laws that protect consumers' interests for the next two years in the Member State concerned;
Amendment 163 #
Proposal for a regulation
Article 45 – paragraph 1 – point g
Article 45 – paragraph 1 – point g
Amendment 164 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 165 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
Amendment 167 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
By [xx/xx/20xx at the latest, no later than within sefiven years from its entry into application], the Commission shall present a report to the European Parliament and the Council on the application of this Regulation.
Amendment 177 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
This Regulation shall apply from [onetwo years after its entry into force].