Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EC) No 223/2009
Article 7 a (new)
(4a) the following Article is inserted: "Article 7 (a) Fine for manipulation of statistics 1. The Commission may impose a fine on a Member State that intentionally or, by gross negligence, seriously misrepresents statistical data. 2. In order to establish the existence of an infringement referred to in paragraph 1, the Commission may conduct all necessary investigations. The Commission may decide to initiate an investigation when it finds that there are clear indications of serious misrepresentations of data. The Commission shall conduct its investigation taking into account any comments submitted by the Member State subject to investigation. In order to carry out its tasks, the Commission may request that the Member States subject to investigation provide information. The Commission may also conduct on-site inspections and have access to all data produced by an NSI at national, regional and local level. If required by the law of the Member State subject to investigation, authorisation by a judicial authority shall be obtained before any on site inspection. Upon completion of its investigation, the Commission shall give to the Member State subject to investigation the opportunity of being heard on the matters being investigated. The Commission shall base its decision to the Council only on facts on which the Member State has had the opportunity to comment. The rights of the defence of the Member State subject to investigation shall be fully respected during the investigation. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 26a concerning: (a) detailed criteria establishing the amount of the fine; and (b) detailed rules on the procedure for the investigations referred to in paragraph 2, associated measures and reporting, including detailed rules of procedure aimed at guaranteeing the rights of the defence and relating to access to the file, legal representation, confidentiality, time limits, and the collection of fines. 4. The Court of Justice of the European Union shall have unlimited jurisdiction to review decisions whereby the Commission has fixed a fine in accordance with paragraph 1. It may annul, reduce or increase the fine imposed."