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10 Amendments of Anna Maria CORAZZA BILDT related to 2017/0087(COD)

Amendment 96 #
Proposal for a regulation
Recital 11
(11) For this investigative tool to be effective, the information sought should relate to the application of relevant Union law. This may consist, for example, of factual market data, including cost structure, pricing policy, products or services characteristics or geographical distribution of customers and suppliers. It may also consist of undertakings’ or associations of undertakings’ fact-based analysis of the functioning of the internal market, such as in relation to perceived regulatory and entry barriers or to costs of cross-border operations. In order to minimise costs of replying to requests for information, such requests should only cover information that is likely to beundertakings or associations of undertakings concerned by a request for information are encouraged to provide only information which is at their disposal of the undertaking or association of undertakand which incurs no processings concernedsts.
2018/03/28
Committee: IMCO
Amendment 179 #
Proposal for a regulation
Article 4 – title
Power to rRequesting information from undertakings and associations of undertakings
2018/03/28
Committee: IMCO
Amendment 186 #
Proposal for a regulation
Article 4 – paragraph 1
Where a serious difficulty with the application of Union law risks undermining the attainment of an important Union policy objective, tThe Commission may request information from undertakings or associations of undertakings, as provided for in Chapter II, for the purpose of addressing the above- mentioned difficultyas part of an infringement procedure pursuant to Article 258 TFEU.
2018/03/28
Committee: IMCO
Amendment 196 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. The Commission shall only use the power to request information from undertakings and associations of undertakings as provided for in Article 4 as a measure of last resort, where the information available torequired by the Commission, required for the purpose referred to in Article 4, is not sufficient or adequate and cannot be obtained in a timely manner due to the following reasons:
2018/03/28
Committee: IMCO
Amendment 220 #
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.deleted
2018/03/28
Committee: IMCO
Amendment 235 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
In the cases provided for in Article 4 and under the conditions laid down in Article 5, the Commission may, by simple request or by decision, require undertakings and associations of undertakings to provide information.
2018/03/28
Committee: IMCO
Amendment 253 #
Proposal for a regulation
Article 6 – paragraph 2
2. The simple request referred to in paragraph 1 shall state the legal basis and its purpose, specify what information is required and prescribe a proportionate time limit within which the information is to be provided. It shall also refer to the fines provided for in Article 9(1) for supplying incorrect or misleadingCommission would need the information.
2018/03/28
Committee: IMCO
Amendment 260 #
Proposal for a regulation
Article 6 – paragraph 3
3. The decision referred to in paragraph 1 shall state the legal basis, the purpose of the request, specify what information is required and prescribe a proportionate time limit within which the information is to be provided. It shall also indicate the fines provided for in Article 9(1) and the periodic penalties payments provided for in Article 9(2), as appropriate. In addition, it shall indicate the right of the undertaking or association of undertakings to have the decision reviewed by the Court of Justice of the European Union. The undertaking and association of undertakings concerned may request an extension of the time-limit, in accordance with Article 14.deleted
2018/03/28
Committee: IMCO
Amendment 330 #
Proposal for a regulation
Article 9
Fines and periodic penalty payments 1. 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) misleading information in response to a decision adopted pursuant to Article 6(3) or do not supply the information within the prescribed time limit. 2. 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). The periodic penalty payments shall not exceed 5 % of the average daily turnover of the undertaking or association concerned in the preceding business year for each working day of delay, calculated from the date established in the decision, until it supplies the information requested or required by the Commission. 3. 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. 4. 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. 5. 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. 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.Article 9 deleted The Commission may, by decision, supply incorrect or misleading supply incorrect, incomplete or The Commission may, by decision, Where the undertaking or The Commission shall take into Where the undertakings or
2018/03/28
Committee: IMCO
Amendment 388 #
Proposal for a regulation
Article 15 – paragraph 2
2. The Commission shall publish in the Official Journal of the European Union the decisions which it takes pursuant to Article 9(1) and (2).
2018/03/28
Committee: IMCO