14 Amendments of Vicky FORD related to 2016/0148(COD)
Amendment 202 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) This Regulation grants competent authorities the powers they may need in order to comply with the objective of consumer protection cooperation. Member States should remain free to determine the most adequate distribution of powers among national competent authorities. Therefore, this Regulation should be interpreted as meaning that not every competent authority has to have all of the powers listed in this Regulation, provided that every power can be used effectively to address any infringement. Member States may decide, in accordance with the provisions of this Regulation, to assign certain tasks under this Regulation to designated bodies. However, Member States should not be under any obligation to involve designated bodies in the application of this Regulation,
Amendment 204 #
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) The exercise of powers by the competent authorities in application of this Regulation should be proportionate to, and should adequately reflect, the nature and actual or potential harm of the infringement concerned. Competent authorities should take into account all facts and circumstances of the case and choose the most appropriate measures which are essential to address the infringement. Those measures should be proportionate and effective,
Amendment 205 #
Proposal for a regulation
Recital 6 c (new)
Recital 6 c (new)
(6c) The exercise of powers by the competent authorities in application of this Regulation should be in accordance with other applicable Union and national legislation, in particular with applicable procedural safeguards and principles of fundamental rights. Where, for instance, in accordance with national law prior authorisation to enter premises of natural and legal persons is needed from the judicial authority of the Member State concerned, the power to enter such premises should be used only after such prior authorization has been obtained,
Amendment 211 #
Proposal for a regulation
Recital 12
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. Actions such as the suspension of a website, domain or a similar digital site, service or account will only be permitted within a clear legal framework under national law and with full respect for freedom of speech and freedom of expression. Furthermore, the competent authorities should only 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,
Amendment 217 #
Proposal for a regulation
Recital 13
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 b, and competent authorities should always take eintitled to redress for harm caused by such infringements.o account the overall harm resulting from the infringement in all Member States affected,
Amendment 224 #
Proposal for a regulation
Recital 14
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. The power to order redress for consumers is of particular importance as it gives authorities the ability to act quickly on infringements, including those of a digital nature. 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 national competent authority or authorities designated under national legislation,
Amendment 238 #
Proposal for a regulation
Recital 23 b (new)
Recital 23 b (new)
(23b) Trader associations should be allowed to participate in the alert mechanism provided for by this Regulation,
Amendment 241 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) This Regulation should be subject to applicable laws and codes of practice concerning data protection, including Regulation (EU) 2016/679 of the European Parliament and of the Council1a (the General Data Protection Regulation) and any other relevant national legislation, _________________ 1aRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)(OJ L 119, 4.5.2016, p. 1).
Amendment 265 #
Proposal for a regulation
Article 4 – paragraph 1
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, where appropriate, from the cessation of the infringement. Enforcers may where necessary impose penalties based upon evidence that is more than five years old.
Amendment 283 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Each competent authority shall have the investigation and enforcement powers necessary for the application of this Regulation and shall exercise them in accordance with this Regulation and national law. Member States shall remain free to determine the most adequate distribution of powers among national authorities.
Amendment 296 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) carry out the necessary on-site inspections, including, in particularaccordance with any requirements under national law to obtain prior judicial authority authorisation, 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;
Amendment 303 #
Proposal for a regulation
Article 8 – paragraph 2 – point g
Article 8 – paragraph 2 – point g
(g) adopt interim measures to prevent the risk of serious and irreparable harm to consumers, in particular the suspension of a website, domain or a similar digital site, service or accountllective interests of consumers;
Amendment 354 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. The competent authorities shall exercise the powers in a proportionate manner and ensure that the powers exercised are adequate taking into account the nature and overall harm of the infringement in question. Those powers are set out in Article 8 in accordance with this Regulation and national law and shall be exercised either:
Amendment 365 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The exercise of powers set out in Article 8 in application of this Regulation shall be proportionate and in accordance with this Regulation, Union and national law, and shall include applicable procedural safeguards and respect the principles of fundamental rights. Investigation and enforcement measures adopted in application of this Regulation shall adequately reflect the nature of the infringement and the overall actual or potential harm caused by it.