BETA

27 Amendments of Philippe JUVIN 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 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 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 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 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 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 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 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 369 #
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. 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 377 #
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 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 387 #
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 393 #
Proposal for a regulation
Article 13 – paragraph 6
6. The Commission shall adopt implementing acts setting out the time limits, standard forms and details of the procedures involving designated bodies. 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 403 #
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 refused on the grounds that criminal investigations or judicial or administrative 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)(c).
2017/01/16
Committee: IMCO
Amendment 406 #
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. 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 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 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 437 #
Proposal for a regulation
Article 20
The Commission may adopt implementing acts setting out the details of the procedures for common actions for widespread infringements, in particular the standard forms for notifications and other exchanges between competent authorities and the Commission. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).Article 20 deleted Implementing powers
2017/01/16
Committee: IMCO
Amendment 444 #
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 ohalf the Member States accounting together for at least three quarters ohalf the population of the Union ("widespread infringement with a Union dimension"), the Commission shall launch a common action. For that purpose the Commission may request the necessary information or documents from the competent authorities.
2017/01/16
Committee: IMCO
Amendment 453 #
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. 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 463 #
Proposal for a regulation
Article 31 – paragraph 3
3. The Commission may adopt implementing acts setting out the details of the implementation of traders' rights of defence in coordinated and common actions. 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 485 #
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. 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 489 #
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. 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 498 #
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. 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 502 #
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. 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 527 #
Proposal for a regulation
Article 47 – paragraph 1 a (new)
1a. Those penalties shall be effective, proportionate and dissuasive.
2017/01/16
Committee: IMCO