5 Amendments of Jan Philipp ALBRECHT related to 2017/0063(COD)
Amendment 30 #
Proposal for a directive
Recital 15
Recital 15
(15) To ensure the independence of NCAs, their staff and members of the decision-making body should act with integrity and refrain from any action which is incompatible with the performance of their duties. The need to prevent the independent assessment of staff or members of the decision-making body being jeopardised entails that during their employment and term of office and for a reasonable period thereafter, they should refrain from any incompatible occuoccupation which could give rise to a conflict of interests or be otherwise incompationble, whether gainful or not. Furthermore, this also entails that during their employment and their term of office, they should not have an interest in any businesses or organisations which have dealings with a NCA to the extent that this has the potential to compromise their independence. The staff and the members of the decision-making body should declare any interest or asset which might create a conflict of interests in the performance of their duties. They should be required to inform the decision-making body, the other members thereof or, in the case of NCAs in which the decision- making power rests with only one person, their appointing authority, if, in the performance of their duties, they are called upon to decide on a matter in which they have an interest which might impair their impartiality.
Amendment 39 #
Proposal for a directive
Recital 39
Recital 39
(39) Applicants which have applied for leniency to the European Commission in relation to an alleged secret cartel should be able to file summary applications in relation to the same cartel to the NCAs that they deem appropriate. Applicants should be able to benefit from leniency at EU and national level in relation to the same cartel. However, to maintain the effectiveness of leniency programmes it should not be possible for multiple undertakings from the same cartel to benefit from immunity across EU and national level leniency programmes. NCAs should accept summary applications that contain a minimum set of information in relation to the alleged cartel and not request additional information beyond this minimum set before they intend to act on the case. However, the onus is on applicants to inform the NCAs to which they have submitted summary applications if the scope of their leniency application with the Commission changes. NCAs should provide applicants with an acknowledgement stating the date and time of receipt, and inform the applicant whether they have already received a previous summary or leniency application in relation to the same cartel. Once the Commission has decided not to act on the case in whole or partially, applicants should have the opportunity to submit full leniency applications to the NCAs to which they have submitted summary applications.
Amendment 45 #
Proposal for a directive
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) The staff and the members of the decision-making body of national administrative competition authorities are prevented, for a reasonable period after leaving office, from accepting employment, gainful or otherwise, that could give rise to conflicts of interest. The duration of this period shall take into account the specificities of the position and shall be proportionate to the threat posed by the potential conflicts of interest;
Amendment 54 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shall ensure that all undertakings are eligible for immunity from fines, with the exception of: (a) undertakings that have taken steps to coerce other undertakings to participate in a secret cartel; (b) undertakings whose participation in a secret cartel has been alleged to the Commission by another participant in the cartel.
Amendment 55 #
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. Undertakings granted leniency under a national authority's leniency programme shall remain eligible for leniency under the Commission's leniency programme for proceedings concerning participation in the same secret cartel.