BETA

105 Amendments of Carlos COELHO related to 2016/0148(COD)

Amendment 212 #
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. FurthermorIn such a case, the competent authorities should also 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
Amendment 216 #
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 be entitled to redress for harm caused by such infringements.
2017/01/16
Committee: IMCO
Amendment 218 #
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 penaltiesanctions 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 be entitled to redress for harm caused by such infringements.,
2017/01/16
Committee: IMCO
Amendment 220 #
Proposal for a regulation
Recital 13 a (new)
(13a) Consumers should be entitled under this Regulation and the national laws of Member States to redress for harm caused by intra-Union infringements.
2017/01/16
Committee: IMCO
Amendment 223 #
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,
2017/01/16
Committee: IMCO
Amendment 227 #
Proposal for a regulation
Recital 15
(15) The effectiveness and efficacy of the mutual assistance mechanism should be improved. Information requested should be provided in a timely manner and the necessary enforcement measures should be adopted in a timely manner. The Commission should therefore set 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, bwithin the period laid down by this Regulation and the necessary enforcement measures should be adopted in a timely means of implementing measuresner,
2017/01/16
Committee: IMCO
Amendment 231 #
Proposal for a regulation
Recital 20
(20) In the context of widespread infringements and widespread infringement with a Union dimension, the rights of defence of the traders concerned should be respected. TWhile this requires, in particular, giving the trader the right to be heard and to use the language of its choice during the proceedings, it is also essential to ensure compliance with Union legislation on the protection of undisclosed know-how and business information,
2017/01/16
Committee: IMCO
Amendment 236 #
Proposal for a regulation
Recital 23
(23) Consumer organisations play an 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 and European Consumer Centres, shcould be in a position to notify competent authorities of suspected infringements and share information needed to detect, investigate and stop intra- Union infringements and widespread infringements with them,
2017/01/16
Committee: IMCO
Amendment 239 #
Proposal for a regulation
Recital 27
(27) In order to ensure uniform conditions for the implementation and exercise of the minimum powers of competent authorities, set time limits and set out other necessary details of procedures intended, in accordance with this Regulation, to address intra-Union infringements, widespread infringements and details of the surveillance mechanism and administrative cooperation among competent authorities, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council60 , _________________ 60 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2. 2011, p. 13-18).
2017/01/16
Committee: IMCO
Amendment 247 #
Proposal for a regulation
Article 2 – paragraph 3 a (new)
3a. This Regulation shall be without prejudice to private compensation claims and actions for the enforcement thereof under national law.
2017/01/16
Committee: IMCO
Amendment 248 #
Proposal for a regulation
Article 2 – paragraph 4
4. This Regulation shall be without prejudice to the application in the Member States of measures relating to judicial cooperation in criminal and civil matters, in particular the operation of the European Judicial Network, and to the application of legal instruments regarding judicial cooperation in criminal matters.
2017/01/16
Committee: IMCO
Amendment 249 #
Proposal for a regulation
Article 2 – paragraph 6
6. This Regulation shall be without prejudice to the role and powers of competent authorities and European Banking Authority under Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts. Chapter III of this Regulation shall not apply to intra-Union infringements of the two Directives referred to in the first subparagraph.
2017/01/16
Committee: IMCO
Amendment 250 #
Proposal for a regulation
Article 2 – paragraph 7
7. Chapter III of this Regulation shall not apply to intra-Union infringements of the following legislation: (a)deleted Directive 2014/1792/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property (b) European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features.
2017/01/16
Committee: IMCO
Amendment 256 #
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
(ca) 'widespread infringement with a Union dimension' means a widespread infringement that harmed, harms or is likely to harm consumer's collective interests in a majority of Member States accounting together for at least a majority of the population of the Union.
2017/01/16
Committee: IMCO
Amendment 257 #
Proposal for a regulation
Article 3 – paragraph 1 – point c b (new)
(cb) 'designated body' means a body that a Member State can designate and which has a legitimate interest in the cessation or prohibition of infringements of Union laws that protect consumers' interests;
2017/01/16
Committee: IMCO
Amendment 258 #
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
(ea) 'consumer' means any natural person who is acting for purposes which are outside his trade, business, craft or profession;
2017/01/16
Committee: IMCO
Amendment 259 #
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
(fa) ‘consumer’ means any natural person who is acting for purposes which are outside that person’s trade, business, craft, or profession;
2017/01/16
Committee: IMCO
Amendment 261 #
Proposal for a regulation
Article 3 – paragraph 1 – point i a (new)
(ia) 'risk of serious and irreparable harm to consumers' means the risk of a situation likely to cause serious damage which can no longer be remedied;
2017/01/16
Committee: IMCO
Amendment 262 #
Proposal for a regulation
Article 3 – paragraph 1 – point i b (new)
(ib) 'sweep' means a concerted investigation of consumer markets;
2017/01/16
Committee: IMCO
Amendment 266 #
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.
2017/01/16
Committee: IMCO
Amendment 268 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
1a. The competent authorities may exercise the following powers within five years from the cessation of the infringement: (a) to impose penalties, as provided for in Article 8(2)(m); (b) to order the trader responsible to compensate consumers that have suffered harm as a consequence of the infringement, as provided for in Article 8(2)(n); and (c) to order the restitution of profits obtained as a result of infringements, as provided for in Article 8(2)(o).
2017/01/16
Committee: IMCO
Amendment 271 #
Proposal for a regulation
Article 4 – paragraph 2
2. The limitation period for the imposition of penaltiesexercise of the powers referred to in paragraph 1 shall begin to run on the day on which the infringement ceased.
2017/01/16
Committee: IMCO
Amendment 276 #
Proposal for a regulation
Article 5 – paragraph 5
5. Member States shall 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.
2017/01/16
Committee: IMCO
Amendment 278 #
Proposal for a regulation
Article 6 – paragraph 4
4. Each Member State may designate bodies having a legitimate interest in the cessation or prohibition of infringements ("impose an obligation on designated bodies") to gather the necessary information and to take the necessary enforcement measures available to them under national law on behalf of a requested competent authority.
2017/01/16
Committee: IMCO
Amendment 279 #
Proposal for a regulation
Article 6 – paragraph 5
5. Member States shall ensure cooperation between the competent authorities and designated bodies, in particular to ensure that infringements referred to in Article 2(1) are brought to the attention of competent authorities without delay.
2017/01/16
Committee: IMCO
Amendment 281 #
Proposal for a regulation
Article 8 – title
Minimum pPowers of competent authorities
2017/01/16
Committee: IMCO
Amendment 285 #
2. Each competent authorityIn order to carry out the duties assigned to them by this Regulation, the competent authorities of each Member State shall have at least the following powers and shall exercise them under the conditions set out in Article 9, to:
2017/01/16
Committee: IMCO
Amendment 288 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
(b) subject to paragraph 2a, 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;
2017/01/16
Committee: IMCO
Amendment 292 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
(c) without prejudice to limitations set out by national law, require any public authority, body or agency within the Member State of the competent authority to supply 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 among others, of identifying and following of financial and data flows, or of ascertaining the identity of persons involved in financial and data flows, bank account information and ownership of websites;
2017/01/16
Committee: IMCO
Amendment 293 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
(c) require any public authority, body or agency within the Member State of the competent authority, through the single liaison office, to supply 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, among others, of identifying and following of financial and data flows, or of ascertaining the identity of persons involved in financial and data flows, bank account information and ownership of websites;
2017/01/16
Committee: IMCO
Amendment 295 #
Proposal for a regulation
Article 8 – paragraph 2 – point 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 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;
2017/01/16
Committee: IMCO
Amendment 298 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
(d) subject to paragraphs 2a and 2b, carry out the necessary on-site inspections, including in particular 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
Amendment 301 #
Proposal for a regulation
Article 8 – paragraph 2 – point d a (new)
(da) require the trader concerned to give explanations or supply facts, information, or documents relating to the subject matter of the inspection and to record the answers given by that representative or staff member;
2017/01/16
Committee: IMCO
Amendment 308 #
Proposal for a regulation
Article 8 – paragraph 2 – point g
(g) adopt interim measures to prevent the risk of serious and irreparable harm to the collective interests of consumers, in particular the suspension of a website, domain or a similar digital site, service or account;
2017/01/16
Committee: IMCO
Amendment 311 #
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
Amendment 315 #
Proposal for a regulation
Article 8 – paragraph 2 – point i
(i) obtainseek and 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
Amendment 317 #
Proposal for a regulation
Article 8 – paragraph 2 – point j
(j) request in writing the cessation of the infringement by the trader or prohibit the infringement;
2017/01/16
Committee: IMCO
Amendment 318 #
Proposal for a regulation
Article 8 – paragraph 2 – point k
(k) bring about the cessation or the prohibition of the infringement;deleted
2017/01/16
Committee: IMCO
Amendment 326 #
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, in order to prevent the risk of serious and irreparable harm to the collective interests of consumers;
2017/01/16
Committee: IMCO
Amendment 330 #
Proposal for a regulation
Article 8 – paragraph 2 – point m
(m) impose penaltiesanctions, including fines and penalty payments, for intra-Union infringements, widespread infringements and widespread infringements with a Union dimension, 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
Amendment 338 #
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;
2017/01/16
Committee: IMCO
Amendment 344 #
Proposal for a regulation
Article 8 – paragraph 2 – point p
(p) publish any final decisions, interim measures or orders, including the publication of the identity of the trader responsible for the intra-Union infringement or widespread infringement;
2017/01/16
Committee: IMCO
Amendment 347 #
Proposal for a regulation
Article 8 – paragraph 2 – point q
(q) consult consumers, consumer organisations, designated bodies, where applicable, and other persons concerned about the effectiveness of the proposed commitments in ceasing the infringement and removing the harm caused by it.
2017/01/16
Committee: IMCO
Amendment 348 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
2a. Where in accordance with national law prior authorisation to enter premises of natural and legal persons as referred to in point (d) of paragraph 2 is needed from the judicial authority of the Member State concerned, the power referred to in that point shall be exercised only after such prior authorisation has been obtained.
2017/01/16
Committee: IMCO
Amendment 350 #
Proposal for a regulation
Article 8 – paragraph 2 b (new)
2b. When a decision is being made whether to impose a sanction and on the amount of the fine to be imposed in each individual case, due regard shall be given to the following: (a) the nature, gravity and duration of the infringement, taking into account the number of consumers affected and the level of damage suffered by them; (b) the intentional or negligent character of the infringement; (c) any action taken by the trader to mitigate the damage suffered by consumers; (d) any relevant previous infringements committed by the trader; (f) the degree to which the trader has cooperated with the competent authority in order to remedy the infringement and mitigate the possible adverse effects of the infringement.
2017/01/16
Committee: IMCO
Amendment 355 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
1. The competent authorities shall exercise the powers set out in Article 8 in a proportionate, efficient and effective manner and in accordance with this Regulation, Union and national law either:
2017/01/16
Committee: IMCO
Amendment 358 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
(a) directly under their own authority; or
2017/01/16
Committee: IMCO
Amendment 360 #
Proposal for a regulation
Article 9 – paragraph 1 – point a a (new)
(aa) with the assistance of other public authorities; or
2017/01/16
Committee: IMCO
Amendment 370 #
Proposal for a regulation
Article 10 – paragraph 1
The Commission may adopt implementing acts setting out the conditions for the implementation and exercise of the minimum powers of competent authorities referred to in Article 8. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted
2017/01/16
Committee: IMCO
Amendment 374 #
Proposal for a regulation
Article 11 – paragraph 1
1. A requested authority shall, on request from an applicant authority, supply to the latter, within 30 days, any relevant information required to establish whether an intra-Union infringement has occurred and to bring about the cessation of that infringement. The requested authority shall notify the Commission without delay of the request for information and of its reply.
2017/01/16
Committee: IMCO
Amendment 379 #
Proposal for a regulation
Article 11 – paragraph 5
5. The Commission shall adopt implementing acts setting out the time limits, standard forms and details of the procedures for requests for information. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted
2017/01/16
Committee: IMCO
Amendment 383 #
Proposal for a regulation
Article 12 – paragraph 2
2. In order to fulfil its obligations laid down in paragraph 1, the requested authority shall exercise the powers set out under Article 8 and any additional powers granted to it under national law. The requested authority shall determine the enforcement measures appropriate to bring about the cessation or prohibition of the intra-Union infringement in a proportionate, efficient and effective way. If necessary, those measures shall be determined and implemented with the assistance of other public authorities.deleted
2017/01/16
Committee: IMCO
Amendment 385 #
Proposal for a regulation
Article 12 – paragraph 3 – point c
(c) which penaltiesanctions have been imposed;
2017/01/16
Committee: IMCO
Amendment 386 #
Proposal for a regulation
Article 12 – paragraph 4
4. The requested authority shall reply to the request using the procedures for requests for enforcement measures and within the time limits set out by the Commission in the implementing actappropriate time limits.
2017/01/16
Committee: IMCO
Amendment 389 #
Proposal for a regulation
Article 12 – paragraph 5
5. The Commission shall adopt implementing acts setting out the time limits, standard forms and details of the procedures for requests for enforcement measures. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted
2017/01/16
Committee: IMCO
Amendment 398 #
Proposal for a regulation
Article 15 – paragraph 1 – point c
(c) criminal investigations or judicial proceedings have already been initiated or final judgment has already been givthere is an administrative decision, a judgment or a court settlement in respect of the same intra-Union infringement and against the same trader before the judicial authorities in the Member State of the requested or applicant authority.
2017/01/16
Committee: IMCO
Amendment 399 #
Proposal for a regulation
Article 15 – paragraph 2 – point c – paragraph 1
(c) in its opinion, the applicant authority has not provided sufficient information in accordance with Article 124(1),
2017/01/16
Committee: IMCO
Amendment 402 #
Proposal for a regulation
Article 15 – paragraph 2 – point c – paragraph 2
A request for enforcement measures cannot be refused on the ground that insufficient information has been provided if a request for information on the same intra-Union infringement was previously refused on the grounds that criminal investigations or judicial proceedings have already been initiated or final judgment has already been given in respect of the same intra-Union infringement and against the same trader, as referred to in paragraph (1)1(c).
2017/01/16
Committee: IMCO
Amendment 404 #
Proposal for a regulation
Article 15 – paragraph 4
4. In the event of a disagreement between the applicant and the requested authority, the applicant authority or the requested authority shall without delmay refer the matter to the Commission which shall issue an opinion. Where the matter is not referred to it, the Commission may of its own motion issue an opinion.
2017/01/16
Committee: IMCO
Amendment 409 #
Proposal for a regulation
Article 15 – paragraph 7
7. The Commission may adopt implementing acts setting out the details of the procedures to address cases of disagreement between competent authorities under paragraphs 3 and 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted
2017/01/16
Committee: IMCO
Amendment 412 #
Proposal for a regulation
Article 16 – paragraph 2
2. Where the Commission has a reasonable suspicion that a widespread infringement is taking place, it shall without delay notify the competent authorities concerned by the widespread infringement.
2017/01/16
Committee: IMCO
Amendment 415 #
Proposal for a regulation
Article 16 – paragraph 4
4. The competent authorities concerned may invite the Commission to take up the coordination role. The Commission shall inform the competent authorities concerned without delay whether it accepts the coordination role. If, however, that request is made by a majority of Members States accounting together for at least a majority of the population of the Union, the Commission shall not refuse the coordination role.
2017/01/16
Committee: IMCO
Amendment 420 #
Proposal for a regulation
Article 16 – paragraph 6 a (new)
6a. A competent authority may join in the coordinated action if, during the course of the coordinated action, it becomes apparent that it is concerned by the widespread infringement.
2017/01/16
Committee: IMCO
Amendment 421 #
Proposal for a regulation
Article 17 – paragraph 1
1. The competent authorities concerned shall ensure that the necessary evidence, data and information are gathered effectively and efficiently. The competent authorities concerned shall ensure that investigations and inspections are conducted simultaneously and that interim measures are applied simultaneously to the extent that national procedural law so allows.
2017/01/16
Committee: IMCO
Amendment 423 #
Proposal for a regulation
Article 17 – paragraph 3 a (new)
3a. The common position shall be communicated to the trader responsible for the infringement, who shall have the right to be heard.
2017/01/16
Committee: IMCO
Amendment 426 #
Proposal for a regulation
Article 17 – paragraph 4
4. Where appropriate and without prejudice to the rules on professional and commercial secrecy set out in Article 41, the competent authorities concerned may decide to publish the common position or parts of it on their websites and on the Commission website and seek the views of other parties concerned.
2017/01/16
Committee: IMCO
Amendment 429 #
Proposal for a regulation
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 other parties concerned and to verify whether the commitments are sufficient to ceaseguarantee the cessation of the infringement and to compensate consumers harmed by it.
2017/01/16
Committee: IMCO
Amendment 435 #
Proposal for a regulation
Article 19 – title
ClosureTermination of the coordinated actions
2017/01/16
Committee: IMCO
Amendment 436 #
Proposal for a regulation
Article 19 – paragraph 1
The coordinating authorityor shall inform the Commission and competent authorities of the Member States concerned without delay when the widespread infringement has ceased or has been prohibited.
2017/01/16
Committee: IMCO
Amendment 440 #
Proposal for a regulation
Article 21 – paragraph 1
1. Where there is a reasonable suspicion that a widespread infringement harmed, harms or is likely to harm consumers in at least three quarters of the Member States accounting together for at least three quarters of the population of the Union ("widespread infringement with a Union dimension"), the Commission shall launch a common actwith a Union dimension is taking place, the Commission shall launch and coordinate a common action by adopting a decision. For that purpose the Commission may request the necessary information or documents from the competent authorities.
2017/01/16
Committee: IMCO
Amendment 445 #
Proposal for a regulation
Article 21 – paragraph 5
5. The Commission shall coordinate the common action.deleted
2017/01/16
Committee: IMCO
Amendment 446 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
2a. The common position shall be communicated to the trader responsible for the infringement, who shall have the right to be heard.
2017/01/16
Committee: IMCO
Amendment 454 #
Proposal for a regulation
Article 27 – paragraph 1
The Commission may adopt implementing acts setting out the details of the procedures for common actions for widespread infringements with a Union dimension, in particular the standard forms for notifications and other exchanges between competent authorities and the Commission. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted
2017/01/16
Committee: IMCO
Amendment 455 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
(b) coordinate and monitor the investigations, the inspections and the adoption of interim measures that are decided upon by the competent authorities concerned in accordance with sections I and II, monitor investigations, inspections and interim measures, as well as other measures, pursuant to Article 8;
2017/01/16
Committee: IMCO
Amendment 458 #
Proposal for a regulation
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.
2017/01/16
Committee: IMCO
Amendment 459 #
Proposal for a regulation
Article 31 – title
Common position and hearing ofLanguage arrangements for communication with traders
2017/01/16
Committee: IMCO
Amendment 461 #
Proposal for a regulation
Article 31 – paragraph 1
1. The common position referred to in Articles 17 and 23 shall be communicated to the trader responsible for the infringement. The trader responsible for the infringement shall be given the opportunity to be heard on the matters which are part of the common position.deleted
2017/01/16
Committee: IMCO
Amendment 462 #
Proposal for a regulation
Article 31 – paragraph 2
2. TFor the procedures set out in this Chapter, the trader shall be entitled to communicate in the official language of the Member State of its establishment or residence. The trader may waive that right or request that another official language of the Union be used for communicating with the competent authorities.
2017/01/16
Committee: IMCO
Amendment 465 #
3. The Commission may adopt implementing acts setting out the details of the implementation of traders' rights of defence in coordinated and common actions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted
2017/01/16
Committee: IMCO
Amendment 467 #
Proposal for a regulation
Article 32 – paragraph 1
1. Where market trends, consumer complaints or other indications suggest that widespread infringements may have occurred, occur or may occur, the competent authorities concerned may decide to conduct a concerted investigation of consumer markets ("sweep"). Such a concerted investigationsweep shall be coordinated by the Commission.
2017/01/16
Committee: IMCO
Amendment 468 #
Proposal for a regulation
Article 32 – paragraph 2
2. When conducting concerted investigationsweeps, the competent authorities concernedparticipating therein shall make effective use of the powers set out in Article 8 and other powers conferred upon them by national law.
2017/01/16
Committee: IMCO
Amendment 469 #
Proposal for a regulation
Article 32 – paragraph 3
3. The competent authorities may invite Commission officials, designated bodies, and other accompanying persons authorised by the Commission, when appropriate, to participate in sweeps.
2017/01/16
Committee: IMCO
Amendment 473 #
Proposal for a regulation
Article 34 – paragraph 1
1. A competent authority shall without delay notify the Commission and other competent authorities of any reasonable suspicion that an intra-Union infringement or a widespread infringement is taking place on its territory that may affect consumers' interests in other Member States ('alert') using the standard form via the database referred to in Article 43.
2017/01/16
Committee: IMCO
Amendment 474 #
Proposal for a regulation
Article 34 – paragraph 2
2. The Commission shall without delay notify the competent authorities concerned of any reasonable suspicion that an intra-Union infringement or a widespread infringement has occurred on the Union's territory ('alert') via the database referred to in Article 43.
2017/01/16
Committee: IMCO
Amendment 475 #
Proposal for a regulation
Article 34 – paragraph 3 – point i
(i) whether the alert is 'for information' or 'for action'.deleted
2017/01/16
Committee: IMCO
Amendment 476 #
Proposal for a regulation
Article 34 – paragraph 4
4. In an alert 'for action', the competent authority or the Commission may ask other competent authorities and the Commission to verify whether similar suspected infringements may bare taking place in the territory of other Member States or whether any enforcement measures have already been taken against such infringements in other Member States.
2017/01/16
Committee: IMCO
Amendment 479 #
Proposal for a regulation
Article 35 – paragraph 1
1. Designated bodies and European Consumer Centres shall participate in the alert mechanism set out in Article 34. Member States shall designateas well as consumer organisations and associations, and other entities such as trader associations, with having the appropriate expertise and legitimate interest in consumer protection that shall participate in the alert mechanismand designated by Member States, may notify competent authorities of the Member State concerned and the Commission of suspected infringements and provide the information set out in Article 34(3) using the standard form for external notifications provided by the database referred to in Article 43 ('external alert'). Member States shall notify the Commission of those entities without delay.
2017/01/16
Committee: IMCO
Amendment 482 #
Proposal for a regulation
Article 35 – paragraph 3
3. The entities described in paragraphs 1 and 2 shall be entitled to notify the competent authorities of the Member States concerned and the Commission of suspected infringements and provide the information set out in Article 34(3), using the standard form for external notifications provided by the database referred to in Article 43 ('external alert').deleted
2017/01/16
Committee: IMCO
Amendment 484 #
Proposal for a regulation
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 entitiesexternal alert. 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 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.
2017/01/16
Committee: IMCO
Amendment 487 #
Proposal for a regulation
Article 35 – paragraph 5
5. The Commission may adopt implementing acts setting out the details of the designation and participation of other entities in the alert mechanism. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted
2017/01/16
Committee: IMCO
Amendment 492 #
Proposal for a regulation
Article 36 – paragraph 2
2. The Commission may adopt implementing acts setting out the details of the exchange of other information relevant for the detection of infringements under this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted
2017/01/16
Committee: IMCO
Amendment 493 #
Proposal for a regulation
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;deleted
2017/01/16
Committee: IMCO
Amendment 500 #
Proposal for a regulation
Article 37 – paragraph 4
4. The Commission may adopt implementing acts necessary to develop the framework for cooperation under paragraphs 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted
2017/01/16
Committee: IMCO
Amendment 504 #
Proposal for a regulation
Article 39 – paragraph 3
3. The Commission may adopt implementing acts necessary to develop the framework for exchange of information referred to paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted
2017/01/16
Committee: IMCO
Amendment 506 #
Proposal for a regulation
Article 41 – paragraph 1
1. Information collected pursuant to Article 8 which isby or communicated to the competent authorities and the Commission shall only be used for the purposes of ensuring compliance with the Union laws that protect consumers' interests.
2017/01/16
Committee: IMCO
Amendment 514 #
Proposal for a regulation
Article 42 – paragraph 2
2. Evidence, documents, information, explanations and investigation findings made by a competent authority in one Member State in accordance with Article 8 may be used for proceedings initiated in application of this Regulation by competent authorities in other Member States without further formal requirements.
2017/01/16
Committee: IMCO
Amendment 516 #
Proposal for a regulation
Article 43 – paragraph 2
2. Information provided by other authorities, entities referred to in Article 35 and designated bodies shall be stored and processed in the electronic database but those authorities, entities and designated bodies shall not have access to thisat database.
2017/01/16
Committee: IMCO
Amendment 517 #
Proposal for a regulation
Article 43 – paragraph 2 a (new)
2a. Where a competent authority, a designated body or another entity as referred to in Article 35 establishes that a notification of an infringement given by it pursuant to Articles 34 and 35 has subsequently proved to be unfounded, it shall withdraw that notification. The Commission shall without delay remove the relevant information from the database, and shall inform the parties of the reasons for that removal.
2017/01/16
Committee: IMCO
Amendment 521 #
Proposal for a regulation
Article 45 – paragraph 1 – point a
(a) information concerning market trends that may affect consumers' interests in their Member State, thus highlighting issues that may be likely to exist in other Member States;
2017/01/16
Committee: IMCO
Amendment 522 #
Proposal for a regulation
Article 45 – paragraph 1 – point f
(f) an overview of resources available and committed for enforcement of the laws that protect consumers' interests in the Member State for the two years;deleted
2017/01/16
Committee: IMCO
Amendment 524 #
Proposal for a regulation
Article 46
Monitoring and implementation of national enforcement plans 1. implementation of the national enforcement plans. The Commission may give advice concerning the implementation of national enforcement plans, establish benchmarks as regards resources necessary for the implementation of this Regulation and promote best practices. 2. The Commission shall adopt implementing acts necessary to develop the online standard forms and details of the national enforcement plans referred to in Article 45. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).Article 46 deleted The Commission shall monitor the
2017/01/16
Committee: IMCO
Amendment 529 #
Proposal for a regulation
Article 48 a (new)
Article 48a Data protection With regard to the processing of personal data within the framework of this Regulation, competent authorities shall carry out their tasks pursuant to this Regulation in accordance with Regulation (EU) 2016/679.
2017/01/16
Committee: IMCO
Amendment 532 #
Proposal for a regulation
Article 51
Amendment of the Annex to Regulation In the Annex to Regulation (EU) No 2006/2004 the following points are added: ‘18. "18. Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights (OJ L 304, 22.11.2011, p.64). 19. Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market: Article 20 (OJ L 376, 27.12. 2006, p. 36). 20. the European Parliament and of the Council of 23 October 2007 on railway passenger rights and obligrticle 51 deleted (EU) No 2006/2004 Regulation (EC) No 1371/2007 of Regulations (OJ L 315, 3.12.2007, p. 14). 21. the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (OJ L 204, 26.7.2006, p. 1). 22. the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community: Articles 22, 23 and 24 (OJ L 293, 31.10.2008, p. 3). 23. European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property: Articles 10, 11, 13, 14, 15, 16, 17, 18, 21, 22, 23, Chapter 10 and Annexes I and II (OJ L 60, 28.2.2014, p. 34). 24. European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features, Articles 4 to 18 and 20(2) (OJ L 257, 28.8.2014, p. 214)."EC) No 1107/2006 of Regulation (EC) No 1008/2008 of Directive 2014/17/EU of the Directive 2014/92/EU of the
2017/01/16
Committee: IMCO
Amendment 534 #
Proposal for a regulation
Article 53 – paragraph 3
However, Article 51 shall apply from [the entry into force of this Regulation].deleted
2017/01/16
Committee: IMCO
Amendment 535 #
Proposal for a regulation
Annex I – point 24 a (new)
24a. Regulation (EU) XXXX/XX of the European Parliament and of the Council on addressing geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
2017/01/16
Committee: IMCO