Awaiting committee decision
2017/0087(COD) Internal market: conditions and procedure by which the Commission may request undertakings to provide information
Lead committee dossier: IMCO/8/09877
Legal Basis TFEU 021-p2, TFEU 048, TFEU 114
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | ECON | ||
| Lead | IMCO | MAYDELL Eva (EPP) | GRAPINI Maria (S&D), SULÍK Richard (ECR), SELIMOVIC Jasenko (ALDE), DE JONG Dennis (GUE/NGL), ŠOLTES Igor (Verts/ALE) |
| Opinion | JURI |
Legal Basis TFEU 021-p2, TFEU 048, TFEU 114
Activites
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2017/05/31
Committee referral announced in Parliament, 1st reading/single reading
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2017/05/02
Legislative proposal published
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COM(2017)0257
summary
PURPOSE: to facilitate the Commission’s access to market information necessary for carrying out its tasks in order to achieve a smooth functioning of the internal market. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: despite all the progress made, significant difficulties in the establishment and functioning of the internal market remain and European citizens and undertakings are unable to reap the full benefits of the internal market. One of the difficulties encountered in ensuring internal market rules are complied with is timely access to reliable data. Suboptimal information increases the risk of the emergence of difficulties to trade in the internal market resulting from uncoordinated national enforcement activities. The proposed Regulation seeks to help the Commission monitor and enforce internal market rules by enabling it to timely obtain comprehensive and reliable quantitative and qualitative information from selected market players through narrowly targeted information requests where a serious difficulty with the application of Union law risks undermining the attainment of an important Union policy objective. The Commission already has investigative powers to enforce the EU competition rules necessary for the functioning of the internal market. The use of these powers has proven very effective in ensuring that those rules are applied: for instance, in the field of State aid. The proposal follows the same lines as the Commission communication entitled ‘Upgrading the Single Market: more opportunities for people and business’ and its communication ‘EU Law: Better Results through Better Application’ in which the Commission highlighted the importance of a robust and efficient enforcement system. IMPACT ASSESSMENT: the chosen option was the introduction of an investigative tool of last resort for the Commission to use where suspected obstacles to the functioning of the internal market may exist and the requested firm level information is necessary for timely and effective decision-making and not readily available through other means. CONTENT: the proposal entrusts the Commission with the power to request information directly from undertakings and associations of undertakings for addressing a serious problem with the application of Union law which risks undermining the attainment of an important Union policy objective. It does not create an additional enforcement scheme to be applied by the Commission. Scope: the Regulation shall apply in the following areas: the internal market, agriculture and fisheries, other than the conservation of marine biological resources; transport; environment; energy. The information sought should relate to the application of relevant Union law. It may, for instance, consist of: factual market data, including cost structure, pricing policy, products or services characteristics or geographical distribution of customers and suppliers); 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. Procedure: the proposal sets out the conditions and procedure for requesting information: it limits the Commission's power to act as a measure of last resort: the Commission must adopt a prior decision stating its intention to use the power in question, explaining the suspected serious problem, the information sought, why such information is needed, why other means to obtain such information failed. The Commission is obliged to notify it to the Member State or States concerned without delay; the Commission may require undertakings or associations of undertakings to provide information by simple request or by decision and it must inform the Member State where the recipient of the request is situated; it deals with the answers to the requests and the protection of confidential information. Fines and penalties: the proposal establishes the rules on fines and periodic penalty payments if a respondent supplies inaccurate or misleading information or if, in response to request made by formal Commission decision, it provides incomplete information or no information at all. Micro-undertakings are exempted from this proposal in order to avoid imposing disproportionate administrative burden on them. BUDGETARY IMPLICATIONS: it is estimated that the Commission could incur annual data collection and analysis costs of between EUR 120 000 and EUR 430 000, assuming five information requests are made per year. The Commission costs indicated above would not require any new budgetary needs, only the redeployment of existing staff and infrastructure.
- DG {'url': 'http://ec.europa.eu/info/departments/internal-market-industry-entrepreneurship-and-smes_en', 'title': 'Internal Market, Industry, Entrepreneurship and SMEs'}, BIEŃKOWSKA Elżbieta
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COM(2017)0257
summary
Documents
- Legislative proposal published: COM(2017)0257
| Amendments | Dossier |
| 340 |
2017/0087(COD)
2018/03/28
IMCO
340 amendments...
Amendment 100 #
Proposal for a regulation Recital 12 (12) When issuing requests for information to undertakings and associations of undertakings, the Commission is required to undertake a careful selection of addressees of the requests, so that requests are only addressed to undertakings and associations of undertakings that are capable of providing sufficiently relevant information, notably larger undertakings in the relevant Member States. These requests for information are aimed at s
Amendment 101 #
Proposal for a regulation Recital 12 (12) When issuing requests for information to undertakings and associations of undertakings, the Commission is required to undertake a careful selection of addressees of the requests, so that requests are only addressed to undertakings and associations of undertakings that are capable of providing sufficiently relevant information, notably larger undertakings in the relevant Member States. These requests for information are aimed at
Amendment 102 #
Proposal for a regulation Recital 12 (12) When issuing requests for information to Member States relative to undertakings and associations of undertakings, the Commission is required to undertake a careful selection of addressees of the requests, so that requests are only addressed to undertakings and associations of undertakings that are capable of providing sufficiently relevant information, notably larger undertakings in the relevant Member States. These requests for information are aimed at solving a presumed, i.e. based on the available information, serious problem with the application of Union law in the areas of the internal market
Amendment 103 #
Proposal for a regulation Recital 12 (12) When issuing requests for information to undertakings and associations of undertakings, the Commission is required to undertake a careful selection of addressees of the
Amendment 104 #
Proposal for a regulation Recital 12 (12) When issuing requests for
Amendment 105 #
Proposal for a regulation Recital 12 (12) When issuing requests for information to undertakings and associations of undertakings, the Commission is required to undertake a careful selection of addressees of the requests, so that requests are only addressed to undertakings and associations of undertakings that are capable of providing sufficiently relevant information, notably larger undertakings in the relevant Member States. These requests for information are aimed at solving a presumed, i.e. based on the available information, serious problem with the application of Union law in the areas of the internal market, agriculture and fisheries (excluding the conservation of marine biological resources), transport, environment and energy. Their aim is not to prosecute undertakings for the underpinning behaviour, if any. Accordingly, sanctions provided for in the instrument are designed to address exclusively two instances. They only cover an intentional or through gross negligence lack of a response to a request for information and an intentionally or through gross negligence incorrect, incomplete, or misleading reply. The collected information, if relevant, could also be used to provide insight into situations where undertakings find it very difficult to comply with the legislation, with a view to improving the proper application of the internal market rules. With a view to avoid disproportionate administrative burden for micro-undertakings, which are anyway unlikely to be in a position to provide sufficiently relevant information, the Commission should be precluded from issuing requests for information to this
Amendment 106 #
Proposal for a regulation Recital 13 (13) In the interest of the consistency in the application of Union law in the area of the internal market
Amendment 107 #
Proposal for a regulation Recital 13 (13) In the interest of the consistency in the application of Union law in the area of the internal market
Amendment 108 #
Proposal for a regulation Recital 14 Amendment 109 #
Proposal for a regulation Recital 14 Amendment 110 #
Proposal for a regulation Recital 14 (14) The investigative tool provided for in this Regulation is particularly useful for ensuring the application of Union law in the area of the internal market by the Commission. It is also useful, for any subsequent enforcement action by the Member States concerned that would require the use of the relevant information collected using this power and disclosed by the Commission to the Member States concerned. Moreover, where difficulties in the application of existing rules are experienced, including situations where undertakings are not able to comply with the legislation due to lack of legal clarity, this investigative tool could also be useful
Amendment 111 #
Proposal for a regulation Recital 14 (14) The in
Amendment 112 #
Proposal for a regulation Recital 14 (14) The
Amendment 113 #
Proposal for a regulation Recital 15 Amendment 114 #
Proposal for a regulation Recital 15 Amendment 115 #
Proposal for a regulation Recital 15 Amendment 116 #
Proposal for a regulation Recital 15 (15)
Amendment 117 #
Proposal for a regulation Recital 15 (15) To ensure the effectiveness of the tool, the Commission should be able to enforce compliance with the requests for information it addresses to any undertaking or association of undertakings, as appropriate, by means of proportionate fines and periodic penalty payments imposed by way of decision. In setting the amounts of fines and periodic penalty payments, the Commission should take due account of the principle of proportionality (including the aspects of appropriateness), in particular as regards small and medium- sized undertakings which should only be subject to 'simple requests'. The rights of the parties requested to provide information should be safeguarded by giving them the opportunity to make known their views before any decision imposing fines or periodic penalty payments is taken.
Amendment 118 #
Proposal for a regulation Recital 16 Amendment 119 #
Proposal for a regulation Recital 16 Amendment 120 #
Proposal for a regulation Recital 16 Amendment 121 #
Proposal for a regulation Recital 17 Amendment 122 #
Proposal for a regulation Recital 17 Amendment 123 #
Proposal for a regulation Recital 17 Amendment 124 #
Proposal for a regulation Recital 17 (17) The Court of Justice should, in accordance with Article 261 TFEU, have unlimited jurisdiction in respect of decisions by which the Commission imposes
Amendment 125 #
Proposal for a regulation Recital 18 (18)
Amendment 126 #
Proposal for a regulation Recital 19 (19) The disclosure of information about an undertaking’s business activity could result in a serious harm to the same undertaking. Therefore, the Commission should take due account of the legitimate interests of undertakings, in particular the protection of their
Amendment 127 #
Proposal for a regulation Recital 19 (19) The disclosure of information about an undertaking’s business activity could result in a serious harm to the same undertaking. Therefore, the Commission should take due account of the legitimate interests of undertakings, in particular the protection of their business secrets. To ensure that business secrets and other confidential information provided to the Commission are treated in compliance with Article 339 TFEU, any undertaking or association of undertaking submitting information should clearly identify which information it considers to be confidential and why it is confidential. The Commission should not be able to disclose confidential information provided by such respondents to the Member State concerned by the request unless it has previously obtained their agreement to disclose that information to that effect. The respondent concerned should be required to provide the Commission with a separate
Amendment 128 #
Proposal for a regulation Recital 19 (19) The disclosure of information about an undertaking’s business activity could result in a serious harm to the same undertaking. Therefore, the Commission should take due account of the legitimate interests of undertakings, in particular the protection of their business secrets. To ensure that business secrets and other confidential information provided to the Commission are treated in compliance with Article 339 TFEU, any undertaking or association of undertakings voluntarily submitting information should clearly identify which information it considers to be confidential and why it is confidential. The Commission should not be able to disclose
Amendment 129 #
Proposal for a regulation Recital 19 (19) The disclosure of information about an undertaking’s business activity could result in a serious harm to the same undertaking. Therefore, the Commission should take due account of the legitimate interests of undertakings, in particular the protection of their business secrets. To ensure that business secrets and other confidential information provided to the
Amendment 130 #
Proposal for a regulation Recital 19 (19) The disclosure of information about an undertaking’s business activity could
Amendment 131 #
Proposal for a regulation Recital 19 (19) The disclosure of information about an undertaking’s business activity could result in a serious harm to the same undertaking. Therefore, the Commission should take due account of the legitimate interests of undertakings, in particular the protection of their business secrets. To ensure that
Amendment 132 #
Proposal for a regulation Recital 19 (19) The disclosure of information about an undertaking’s business activity could result in a serious harm to the same undertaking. Therefore, the Commission should take due account of the legitimate interests of undertakings, in particular the protection of their business secrets. It is essential that the undertakings or association of undertakings concerned by the request, if they estimate that it could jeopardise their substantial economic interests, have the right to appeal against the request by the Commission through the national courts, with suspensive effect concerning Commission’s procedure. To ensure that business secrets and other confidential information provided to the Commission are treated in compliance with Article 339 TFEU, any undertaking or association of undertaking submitting information should clearly identify which information it considers to be confidential and why it is confidential. The Commission should not be able to disclose confidential information provided by such respondents to the Member State concerned by the request unless it has previously obtained their agreement to disclose that information to that effect. The respondent concerned should be required to provide the Commission with a separate
Amendment 133 #
Proposal for a regulation Recital 19 (19) The disclosure of information about an undertaking’s business activity could result in a serious harm to the same undertaking, i.e. its disclosure will be significantly detrimental to its economic interests. Therefore, the Commission should take due account of the legitimate interests of undertakings
Amendment 134 #
Proposal for a regulation Recital 19 (19) The disclosure of information about
Amendment 135 #
Proposal for a regulation Recital 19 a (new) (19a) According to the subsidiarity rule, it is essential to include national courts in the procedure. Therefore, the undertakings or associations of undertakings shall have the right to appeal against the request by the Commission before the national courts as well as against the Commission's decision on confidentiality of the information to be provided, as provided for in Article 7. Submitting an appeal against the Commission request or decision to the court shall have a suspensive effect on the Commission’s proceeding.
Amendment 136 #
Proposal for a regulation Recital 21 (21) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for the right to respect for private and family life, the right to protection of personal data, the right to good administration, in in particular the access to files, while respecting business secrecy, the right to an effective remedy and to a fair trial, the right of defence and the principle
Amendment 137 #
Proposal for a regulation Recital 21 (21) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for the right to respect for private and family life, the right to protection of personal data, the right to good administration, in in particular the access to files, while respecting business secrecy, the right to an effective remedy and to a fair trial, the right of defence and the principle
Amendment 138 #
Proposal for a regulation Recital 22 (22) Where the measures provided for in this Regulation entail the processing of personal data, they should be carried out in accordance with Union law on the protection of personal data
Amendment 139 #
Proposal for a regulation Recital 22 (22) Where the measures provided for in this Regulation entail the processing of personal data, they should be carried out in accordance with Union law on the protection of personal data, in particular
Amendment 140 #
Proposal for a regulation Recital 23 (23) Since the objectives of this Regulation, namely facilitating the exercise of Commission
Amendment 141 #
Proposal for a regulation Recital 23 (23) Since the objectives of this Regulation, namely facilitating the
Amendment 142 #
Proposal for a regulation Recital 24 (24) This Regulation should
Amendment 143 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) the conditions under which the Commission may
Amendment 144 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) the conditions under which the Commission may request undertakings and associations of undertakings to provide
Amendment 145 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) the conditions under which the Commission may request Member States to require undertakings and associations of undertakings to provide information required for the performance of tasks entrusted to the Commission in relation to the areas referred to in Article 2;
Amendment 146 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) the conditions under which the Commission may request undertakings and associations of undertakings to provide
Amendment 147 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) the procedure to be followed
Amendment 148 #
Proposal for a regulation Article 1 – paragraph 1 – point b a (new) (ba) the procedure to be followed by undertakings and associations of undertakings for answering to such a call for information.
Amendment 149 #
Proposal for a regulation Article 1 – paragraph 1 a (new) 1a. This Regulation shall be applied in such a way as to maintain the proportionality of the administrative and financial burdens imposed on undertakings or associations of undertakings.
Amendment 150 #
Proposal for a regulation Article 1 – paragraph 2 Amendment 151 #
Proposal for a regulation Article 2 – paragraph 1 Amendment 152 #
Proposal for a regulation Article 2 – paragraph 1 – introductory part This Regulation shall apply
Amendment 153 #
Proposal for a regulation Article 2 – paragraph 1 – introductory part This Regulation shall apply in the
Amendment 154 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 Amendment 155 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Amendment 156 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Amendment 157 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Amendment 158 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Amendment 159 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) agriculture and fisheries,
Amendment 160 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) agriculture and fisheries,
Amendment 173 #
Proposal for a regulation Article 2 – paragraph 1 a (new) This Regulation shall not apply to small and medium-sized enterprises, as defined in Article 3 of Directive 2013/34/EU.
Amendment 174 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 a (new) (3a) ‘association of undertakings’ means a group of companies as defined in Article 2(13) of Regulation (EU) 2015/848.
Amendment 175 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 a (new) (3a) ‘large undertaking’ means an undertaking as defined in Article 3(4) of Directive 2013/34/EU.
Amendment 176 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 b (new) (3b) ‘large group’ means a group as defined in Article 3(7) of Directive 2013/34/EU.
Amendment 177 #
Proposal for a regulation Article 4 – title Power to request information from Member States regarding undertakings and associations of undertakings
Amendment 178 #
Proposal for a regulation Article 4 – title Power to request information from undertakings and associations of undertakings by way of a decision
Amendment 179 #
Proposal for a regulation Article 4 – title Amendment 180 #
Proposal for a regulation Article 4 – title Amendment 181 #
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 referred to in Article 2 of this Regulation, the Commission may request information from undertakings or associations of undertakings, as provided for in Chapter II, for the purpose of addressing the above-mentioned difficulty; information will be provided by undertakings or associations of undertakings only if they agree to the voluntary submission of information.
Amendment 182 #
Proposal for a regulation Article 4 – paragraph 1 Amendment 183 #
Proposal for a regulation Article 4 – paragraph 1 Amendment 184 #
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, the Commission may request information from undertakings or associations of undertakings, as provided for in Chapter II, for the purpose of addressing the above-mentioned difficulty. Consumer protection and compliance with labour and social standards fall into this category.
Amendment 185 #
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 as defined in Article 3(3) of the TEU, or acting on the basis of information supplied by third-parties, the Commission may request information from undertakings or associations of undertakings, as provided for in Chapter II, for the purpose of addressing the above- mentioned difficulty.
Amendment 186 #
Proposal for a regulation Article 4 – paragraph 1 Amendment 187 #
Proposal for a regulation Article 4 – paragraph 1 Amendment 188 #
Proposal for a regulation Article 4 – paragraph 1 Where a serious difficulty with the application of Union law risks undermining the attainment of
Amendment 189 #
Proposal for a regulation Article 4 – paragraph 1 Where a serious difficulty with the application of Union law risks undermining the
Amendment 190 #
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, the Commission may request information from Member States relating to undertakings or associations of undertakings, as provided for in Chapter II, for the purpose of addressing the above- mentioned difficulty.
Amendment 191 #
Proposal for a regulation Article 4 – paragraph 1 Amendment 192 #
Proposal for a regulation Article 4 – paragraph 1 a (new) Where contracting authorities as defined in Directive 2014/24/EU or Members of a national Parliamentary Assembly or the European Parliament draw the Commission’s attention to facts which seriously or repeatedly jeopardise the proper functioning of the internal market as referred to in Article 26(2) TFEU, it may request information in relation to the internal market and related fields.
Amendment 193 #
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 provided for in Article 4
Amendment 194 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The Commission shall only use the power to request information from Member States relating to undertakings and associations of undertakings provided for in Article 4 when an infringement procedure under Article 258 TFEU has been launched and where the information available to 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:
Amendment 195 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The Commission
Amendment 196 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The Commission shall only
Amendment 197 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The Commission shall only
Amendment 198 #
Proposal for a regulation Article 5 – paragraph 1 – point a a (new) (aa) the information has not been provided by the existing mechanisms at the disposal of the Commission
Amendment 199 #
Proposal for a regulation Article 5 – paragraph 1 – point b Amendment 200 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) the information has not first been provided by
Amendment 201 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) the information has not been provided by a Member State upon request by the Commission;
Amendment 202 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) the information has not first been provided by a
Amendment 203 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 204 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 Prior to
Amendment 205 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 Prior to requesting information in accordance with Article 6, the Commission shall first adopt a decision stating its intention to use the power to request information from undertakings or associations of undertakings under this Regulation.
Amendment 206 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 – point a (a) a summary description of the alleged serious difficulty of a cross-border dimension with the application of Union law and why such difficulty risks undermining the attainment of an important
Amendment 207 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 – point a (a) a summary description of the alleged serious difficulty of a cross-border dimension with the application of Union law in the field of the internal market and consumer protection and why such difficulty risks undermining the attainment of an important Union policy objective;
Amendment 208 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 – point a (a) a
Amendment 209 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 – point b (b) a
Amendment 210 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 – point c (c) a duly justified and reasoned explanation of why such information is necessary for the purposes referred to in Article 4;
Amendment 211 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 – point d (d) a duly justified and reasoned explanation of why other means to obtain such information have proven insufficient or inadequate or cannot be obtained in a timely manner to date. The explanation shall contain a list of institutions, organisations, instruments and sources of information consulted to which the Commission already has access;
Amendment 212 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 – point d (d) a
Amendment 213 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 – point e Amendment 214 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 a (new) When drafting the summary descriptions, reasoned explanations and criteria, the Commission shall take all appropriate measures to protect the identities of any individuals who have supplied information.
Amendment 215 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 3 The decision shall be addressed to the Member State or Member States concerned. The Commission shall notify the Member State or Member States concerned without delay. Member States shall have no right of veto in order to deprive the Commission of its power to request information under this Regulation.
Amendment 216 #
Proposal for a regulation Article 5 – paragraph 3 Amendment 217 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 Amendment 218 #
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 if that information is not covered by trade secret and is not vital to the firm’s development and operations under competitive market conditions.
Amendment 219 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 The undertakings or association of undertakings concerned by the request as
Amendment 220 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 Amendment 221 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 The undertakings or association of undertakings concerned by the request for information as referred to in Article 4 of this regulation are obliged to provide only information that is at their disposal.
Amendment 222 #
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
Amendment 223 #
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
Amendment 224 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 2 Amendment 225 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 2 Amendment 226 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 2 Amendment 227 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 2 The Commission shall take due account of the principle of proportionality, in particular with regard to small and medium-sized undertakings in order to avoid significant additional costs and administrative burdens as a result of the requests for information.
Amendment 228 #
Proposal for a regulation Article 5 – paragraph 3 a (new) 3a. The undertakings or association of undertakings concerned by the request as referred to in Article 4 may, if they consider that the request could jeopardise their substantial economic interests, appeal against the request by the Commission before the national courts. The national court may quash the request from the Commission. Submitting an appeal to the court shall have suspensive effect on the time limits.
Amendment 229 #
Proposal for a regulation Article 6 – title Amendment 230 #
Proposal for a regulation Article 6 – title Amendment 231 #
Proposal for a regulation Article 6 – paragraph 1 Amendment 232 #
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, requ
Amendment 233 #
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
Amendment 234 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 In the cases provided for in Article 4 and
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
Amendment 236 #
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
Amendment 237 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 a (new) In the cases provided for in Article 4 and under the conditions laid down in Article 5, the Commission may, by simple request only, require small-and-medium enterprises to provide information.
Amendment 238 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 2 Amendment 239 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 2 Amendment 240 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 3 Amendment 241 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 3 The Commission shall
Amendment 242 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 3 The Commission shall not issue requests for information in accordance with this Regulation to micro-undertakings, small undertakings and medium-size undertakings unless they are part of a group of undertakings which qualifies at least as
Amendment 243 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 3 The Commission shall not issue requests for information in accordance with this Regulation to micro-undertakings and small and medium-sized undertakings, unless they are part of a group of undertakings which qualifies at least as small group as defined in Article 6(5) of Directive 2013/34/EU.
Amendment 244 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 3 The Commission shall not issue requests for information in accordance with this Regulation to SMEs and micro- undertakings, unless they are part of a group of undertakings which qualifies at least as small group as defined in Article 6(5) of Directive 2013/34/EU.
Amendment 245 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 3 The Commission shall
Amendment 246 #
Proposal for a regulation Article 6 – paragraph 1 a (new) 1a. In the cases provided for in Article 4 and under the conditions laid down in Article 5, the Commission may adopt a decision requesting Member States to require undertakings and associations of undertakings to provide information. This decision shall include the following: (a) a description of the alleged serious difficulty of a cross-border dimension with the application of Union law and why such difficulty risks undermining the attainment of an important Union policy objective; (b) a description of the information to be requested; (c) a reasoned explanation of why such information is necessary for the purposes referred to in Article 4; (d) a reasoned explanation of why other means to obtain such information have proven insufficient or inadequate or cannot be obtained in a timely manner to date; (e) the criteria for selecting the addressees of the requests for information. When selecting the recipients of the requests for information, the Commission shall aim at ensuring that such requests are only addressed to undertakings and associations of undertakings that are capable of providing relevant information. The decision shall be addressed to the undertaking or associations of undertakings concerned. The Commission shall notify the undertaking or associations of undertakings concerned without delay. The Commission shall not issue decision for information in accordance with this Regulation to micro-undertakings and small undertakings, unless they are part of a group of undertakings which qualifies at least as small group as defined in Article 6(5) of Directive 2013/34/EU.
Amendment 247 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 248 #
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. On no account may the time limit be less than 3 months, unless there is a compelling and duly substantiated need. It shall also refer to the
Amendment 249 #
Proposal for a regulation Article 6 – paragraph 2 2. The
Amendment 250 #
Proposal for a regulation Article 6 – paragraph 2 2. The
Amendment 251 #
Proposal for a regulation Article 6 – paragraph 2 2. The simple request referred to in
Amendment 252 #
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
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
Amendment 254 #
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 misleading information or do not supply information within the prescribed time limit.
Amendment 255 #
Proposal for a regulation Article 6 – paragraph 2 2. The
Amendment 256 #
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
Amendment 257 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 a (new) A recipient of a request for information shall have the possibility to request an extension of the time limit pursuant to Article 14.
Amendment 258 #
Proposal for a regulation Article 6 – paragraph 2 a (new) 2a. 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.
Amendment 259 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 260 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 261 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 262 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 1 Amendment 263 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 1 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
Amendment 264 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 1 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
Amendment 265 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 1 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
Amendment 266 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 1 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.
Amendment 267 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 1 The decision referred to in paragraph 1 shall state the legal basis, the purpose of the
Amendment 268 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 1 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
Amendment 269 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 2 Amendment 270 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 3 Amendment 271 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 272 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 1 The Commission shall simultaneously provide a copy of the
Amendment 273 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 1 The Commission shall simultaneously provide a copy of the
Amendment 274 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 1 The Commission shall simultaneously provide a copy of the
Amendment 275 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 2 Where the Commission has launched a formal infringement procedure pursuant to Article 258 TFEU, the Commission shall provide the Member State concerned by the procedure with a copy of all
Amendment 276 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 2 Where the Commission has launched a formal infringement procedure pursuant to Article 258 TFEU, the Commission shall provide the Member State concerned by the procedure with a copy of all
Amendment 277 #
Proposal for a regulation Article 6 – paragraph 4 – subparagraph 2 Where the Commission has launched a formal infringement procedure pursuant to Article 258 TFEU, the Commission shall provide the Member State concerned by the procedure with a copy of all
Amendment 278 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 279 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 280 #
Proposal for a regulation Article 6 – paragraph 5 5. The
Amendment 281 #
Proposal for a regulation Article 6 a (new) Article 6a The request for information from undertakings and associations of undertakings must not generate a disproportionate administrative or financial burden.
Amendment 282 #
Proposal for a regulation Article 7 – title Answers to decisions request
Amendment 283 #
Proposal for a regulation Article 7 – title Answers to
Amendment 284 #
Proposal for a regulation Article 7 – paragraph 1 1. The undertakings or associations of undertakings, which have voluntarily accepted to provid
Amendment 285 #
Proposal for a regulation Article 7 – paragraph 1 1. The undertakings or associations of undertakings providing information following a Commission’s decision to request
Amendment 286 #
Proposal for a regulation Article 7 – paragraph 1 1. The undertakings or associations of undertakings providing information following a Commission’s request for information based on Article 5 shall submit their voluntary answers to the Commission in a clear, complete and accurate manner.
Amendment 287 #
Proposal for a regulation Article 7 – paragraph 1 1. The undertakings or associations of undertakings providing information following a Commission’s
Amendment 288 #
Proposal for a regulation Article 7 – paragraph 1 1. The undertakings or associations of undertakings providing information following a Commission’s
Amendment 289 #
Proposal for a regulation Article 7 – paragraph 1 1. The undertakings or associations of undertakings providing information following a Commission’s request for information based on Article 5 shall submit their answers to the Commission in a clear
Amendment 290 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1a. The Commission shall give the addressee the opportunity to make their views known within a period of one month from the adoption of a decision or request pursuant to Article 6(1). This period shall not be taken into consideration for the calculation of deadlines for submission of responses.
Amendment 291 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 The Commission shall give the addressee the opportunity to indicate which information it considers to be covered by the obligation of professional
Amendment 292 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 The Commission shall give the
Amendment 293 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 Amendment 294 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 The undertaking or association of undertakings submitting information
Amendment 295 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 The undertaking or association of undertakings submitting information pursuant to Article 5 shall clearly indicate which information it considers to be confidential
Amendment 296 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 The undertaking or association of undertakings submitting information pursuant to Articles 5 and 6 shall clearly indicate which information it considers to be confidential, stating the reasons for such confidentiality claim, and provide the Commission with a separate non- confidential version of the submission. When information is to be provided by a certain deadline, the same deadline shall apply for providing the non-confidential version.
Amendment 297 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 298 #
Proposal for a regulation Article 7 – paragraph 4 Amendment 299 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 1 The Commission shall verify whether the confidentiality claim of the information transmitted made by the respondent undertakings or associations of undertakings under subparagraph 2 of paragraph 2 is well-founded and
Amendment 300 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 1 The Commission
Amendment 301 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 1 Amendment 302 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 1 The Commission shall
Amendment 303 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 2 Amendment 304 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 2 Amendment 305 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 2 After giving the undertaking or association of undertakings concerned the opportunity of making known its views,
Amendment 306 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 2 After giving the undertaking or association
Amendment 307 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 3 Amendment 308 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 3 Amendment 309 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 3 a (new) That decision may be appealed against before the national courts within one month from the date of its formal written notification by the Commission. The period of time referred to in the second subparagraph of this paragraph shall be suspended from the date of appeal to a national court.
Amendment 310 #
Proposal for a regulation Article 8 – paragraph 2 Amendment 311 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part The Commission may
Amendment 312 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part The Commission may only include information labelled as confidential
Amendment 313 #
Proposal for a regulation Article 8 – paragraph 2 – point a Amendment 314 #
Proposal for a regulation Article 8 – paragraph 2 – point b (b) where the Commission has previously obtained the express agreement of the respondent to disclose such information;
Amendment 315 #
Proposal for a regulation Article 8 – paragraph 2 – point c Amendment 316 #
Proposal for a regulation Article 8 – paragraph 2 – point c Amendment 317 #
Proposal for a regulation Article 8 – paragraph 2 – point c Amendment 318 #
Proposal for a regulation Article 8 – paragraph 2 – point c (c) where the disclosure of such information to a Member State is necessary to substantiate an infringement of Union law within the scope of Article 2 of this Regulation provided that the respondent has had the opportunity to make his views known before a decision is taken and to make use of available judicial remedies before disclosure.
Amendment 319 #
Proposal for a regulation Article 8 – paragraph 2 – point c a (new) (ca) where such information has lost its commercial importance, for instance due to the passage of time, and can no longer be considered as confidential.
Amendment 320 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 321 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 322 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 323 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 324 #
Proposal for a regulation Article 8 – paragraph 3 The information that has already been made public may be used by the Commission for a purpose other than the one set out in this Regulation such as law enforcement of Union Single Market rules and policy development.
Amendment 325 #
Proposal for a regulation Article 8 a (new) Amendment 327 #
Proposal for a regulation Article 9 Amendment 328 #
Proposal for a regulation Article 9 Amendment 329 #
Proposal for a regulation Article 9 Amendment 330 #
Proposal for a regulation Article 9 Amendment 332 #
Proposal for a regulation Article 9 – paragraph 1 Amendment 333 #
Proposal for a regulation Article 9 – paragraph 1 Amendment 334 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part 1.
Amendment 335 #
Proposal for a regulation Article 9 – paragraph 1 – point a Amendment 336 #
Proposal for a regulation Article 9 – paragraph 1 – point a (a) supply incorrect or misleading information in response to a request made pursuant to Article 6(2) or do not supply the information within the prescribed time limit;
Amendment 337 #
Proposal for a regulation Article 9 – paragraph 1 – point b (b) supply incorrect, incomplete or misleading information in response to a decision to request information adopted pursuant to Article 6
Amendment 338 #
Proposal for a regulation Article 9 – paragraph 2 – subparagraph 1 Amendment 339 #
Proposal for a regulation Article 9 – paragraph 2 – subparagraph 1 Amendment 340 #
Proposal for a regulation Article 9 – paragraph 2 – subparagraph 1 The Commission may, by decision, impose on undertakings or associations of undertakings periodic penalty payments where, even though it had agreed to do so, 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).
Amendment 341 #
Proposal for a regulation Article 9 – paragraph 2 – subparagraph 1 Amendment 342 #
Proposal for a regulation Article 9 – paragraph 2 – subparagraph 2 The periodic penalty payments shall not exceed
Amendment 343 #
Proposal for a regulation Article 9 – paragraph 3 Amendment 344 #
Proposal for a regulation Article 9 – paragraph 3 Amendment 345 #
Proposal for a regulation Article 9 – paragraph 3 3. Where the undertaking or association of undertakings provides no or incomplete information,
Amendment 346 #
Proposal for a regulation Article 9 – paragraph 3 3. Where the undertaking or association of undertakings provides no or incomplete information, the Commission shall prior the imposition of a
Amendment 347 #
Proposal for a regulation Article 9 – paragraph 4 Amendment 348 #
Proposal for a regulation Article 9 – paragraph 4 4. The Commission shall take into account the absolute necessity leading to the imposition of the periodic penalty payment, and 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
Amendment 349 #
Proposal for a regulation Article 9 – paragraph 4 4.
Amendment 350 #
Proposal for a regulation Article 9 – paragraph 5 Amendment 351 #
Proposal for a regulation Article 9 – paragraph 5 5. Where the undertakings or associations of undertakings have satisfied the accepted obligation which the periodic penalty payment was intended to enforce, the Commission may reduce or waive the amount of the periodic penalty payment.
Amendment 352 #
Proposal for a regulation Article 9 – paragraph 5 5. Where the undertakings or associations of undertakings have satisfied the obligation which the periodic penalty payment was intended to enforce,
Amendment 353 #
Proposal for a regulation Article 9 – paragraph 6 Amendment 354 #
Proposal for a regulation Article 9 – paragraph 6 6. Before adopting any decision in accordance with paragraph 1 or 2,
Amendment 355 #
Proposal for a regulation Article 9 – paragraph 6 6. Before adopting any decision in accordance with paragraph
Amendment 356 #
Proposal for a regulation Article 10 Amendment 357 #
Proposal for a regulation Article 10 Amendment 358 #
Proposal for a regulation Article 10 Amendment 359 #
Proposal for a regulation Article 10 – title Limitation period for the imposition of
Amendment 360 #
Proposal for a regulation Article 10 – paragraph 1 1. The powers conferred on
Amendment 361 #
Proposal for a regulation Article 10 – paragraph 3 3. Any action taken by
Amendment 362 #
Proposal for a regulation Article 10 – paragraph 3 3. Any action taken by the Commission for the purpose of investigating or pursuing a possible breach of Article 6(1) shall interrupt the limitation period for the imposition of
Amendment 363 #
Proposal for a regulation Article 10 – paragraph 4 4. After each interruption, the limitation period shall start running afresh. However, the limitation period shall expire at the latest on the day on which a period of six years has elapsed without
Amendment 364 #
Proposal for a regulation Article 10 – paragraph 4 4. After each interruption, the limitation period shall start running afresh. However, the limitation period shall expire at the latest on the day on which a period of six years has elapsed without the Commission having imposed a
Amendment 365 #
Proposal for a regulation Article 10 – paragraph 5 5. The limitation period for the imposition of
Amendment 366 #
Proposal for a regulation Article 11 Amendment 367 #
Proposal for a regulation Article 11 Amendment 368 #
Proposal for a regulation Article 11 Amendment 369 #
Proposal for a regulation Article 11 – title Limitation period for the enforcement of
Amendment 370 #
Proposal for a regulation Article 11 – paragraph 1 1. The powers of
Amendment 371 #
Proposal for a regulation Article 11 – paragraph 3 – point a (a) by notification of a decision modifying the original amount of the
Amendment 372 #
Proposal for a regulation Article 11 – paragraph 3 – point b (b) by any action of a Member State, acting at the request of the Commission, or of the Commission, intended to enforce payment of the
Amendment 373 #
Proposal for a regulation Article 11 – paragraph 5 – point b (b) the enforcement of payment is suspended pursuant to a decision of
Amendment 374 #
Proposal for a regulation Article 12 Amendment 375 #
Proposal for a regulation Article 12 Amendment 376 #
Proposal for a regulation Article 12 Amendment 377 #
Proposal for a regulation Article 12 – paragraph 1 The decisions taken pursuant to Article 9(1) and (2) shall be addressed to the
Amendment 378 #
Proposal for a regulation Article 12 – paragraph 1 The decisions taken pursuant to Article 9
Amendment 379 #
Proposal for a regulation Article 13 Amendment 380 #
Proposal for a regulation Article 13 Amendment 381 #
Proposal for a regulation Article 13 Amendment 382 #
Proposal for a regulation Article 13 Amendment 383 #
Proposal for a regulation Article 13 – paragraph 1 The Court of Justice of the European Union shall have unlimited jurisdiction within the meaning of Article 261 TFEU to review
Amendment 384 #
Proposal for a regulation Article 14 – paragraph 2 a (new) Any request for extension of a deadline may only be requested once by the recipient of a request for information.
Amendment 385 #
Proposal for a regulation Article 15 Amendment 386 #
Proposal for a regulation Article 15 – paragraph 2 Amendment 387 #
Proposal for a regulation Article 15 – paragraph 2 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
Amendment 389 #
Proposal for a regulation Article 17 – paragraph 1 With regard to the processing of personal data within the framework of this Regulation, Member States shall carry out their tasks for the purposes of this Regulation in accordance with
Amendment 390 #
Proposal for a regulation Article 17 – paragraph 1 With regard to the processing of personal data within the framework of this Regulation, Member States shall carry out their tasks for the purposes of this Regulation, Regulation (EU) 2016/6791a and in accordance with the national laws
Amendment 391 #
Proposal for a regulation Article 17 – paragraph 1 a (new) The Commission, in the exercise of its powers under this Regulation, shall ensure a high level of cyber security and protection of data from misuse.
Amendment 392 #
Proposal for a regulation Article 18 – paragraph 1 Amendment 393 #
Proposal for a regulation Article 18 – paragraph 1 The Commission shall draw up a report every two years on the application of this Regulation and shall submit it to the European Parliament and to the Council. After five years, the Commission shall examine to what extent the instrument has been successful in averting or preventing threats to the internal market, to what extent undertakings have been able to circumvent the instrument and what financial impact the instrument has on undertakings.
Amendment 394 #
Proposal for a regulation Article 19 – paragraph 1 This Regulation shall enter into force on the
Amendment 395 #
Proposal for a regulation Article 19 – paragraph 2 a (new) The Commission shall forward an evaluation report on the application of the Regulation to the European Parliament and the Council five years after the entry into force of this Regulation and every five years thereafter. The evaluation report shall assess the impact of the Regulation, the achievement of the objectives of the Regulation, the positive and negative economic impact on the internal market, the frequency of requests for information, the proportionality of the use of requests for information, the impact on and costs for undertakings and the protection of personal data collected by the requests for information from the Commission. Where appropriate, the report shall be accompanied by a proposal for amendment of this Regulation.
Amendment 59 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article
Amendment 60 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article
Amendment 61 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article
Amendment 62 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles
Amendment 63 #
Proposal for a regulation Recital 1 (1) In accordance with Article 3(3) of Treaty on European Union (TEU), the establishment of an internal market is one of the main objectives to be reached by the Union in cooperation with the Member
Amendment 64 #
Proposal for a regulation Recital 1 (1) In accordance with Article 3(3) of Treaty on European Union (TEU), the establishment of an internal market is one of the main objectives to be reached by the
Amendment 65 #
Proposal for a regulation Recital 1 (1) In accordance with Article 3(3) of Treaty on European Union (TEU), the establishment of an internal market is one of the main objectives to be reached by the Union
Amendment 66 #
Proposal for a regulation Recital 2 Amendment 67 #
Proposal for a regulation Recital 2 (2) Article 337 TFEU provides for the Commission's power, within the limits and under the conditions, which the Council may lay down acting by a simple majority, to collect any information required for the performance of its tasks. However, in Case C-490/10 European Parliament v Council, the Court has clarified that where the collection of information contributes directly to the achievement of the objectives of a given European Union policy, the act laying down the conditions for such collection must be based on the legal basis which relates to that policy. This Regulation provides
Amendment 68 #
Proposal for a regulation Recital 2 (2)
Amendment 69 #
Proposal for a regulation Recital 2 (2) Article 337 TFEU provides for the Commission's power, within the limits and under the conditions which the Council may lay down acting by a simple majority, to collect any information required for the performance of its tasks. However, in Case C-490/10 European Parliament v Council, the Court has clarified that where the collection of information contributes directly to the achievement of the objectives of a given European Union policy, the act laying down the conditions for such collection must be based on the legal basis which relates to that policy. This Regulation provides not only for a framework in which the Commission can collect information from undertakings and associations of undertakings, but also for
Amendment 70 #
Proposal for a regulation Recital 2 (2) Article 337 TFEU provides for the Commission's power, within the limits and under the conditions which the Council may lay down acting by a simple majority, to collect any information required for the performance of its tasks. However, in Case C-490/10 European Parliament v Council, the Court has clarified that where the collection of information contributes directly to the achievement of the objectives of a given European Union policy, the act laying down the conditions for such collection must be based on the legal basis which relates to that policy. This Regulation provides not only for a framework in which the Commission can
Amendment 71 #
Proposal for a regulation Recital 2 (2) Article 337 TFEU provides for the Commission's power, within the limits and under the conditions which the Council may lay down acting by a simple majority, to collect any information required for the performance of its tasks. However, in Case C-490/10 European Parliament v Council, the Court has clarified that where the collection of information contributes directly to the achievement of the objectives of a given European Union policy, the act laying down the conditions for such collection must be based on the legal basis which relates to that policy. This Regulation provides not only for a
Amendment 72 #
Proposal for a regulation Recital 3 (3) Articles 4 and 17 TEU assign certain roles to the Commission and the Member States. Articles 258 and 279 TFEU provide for procedures for the enforcement by the Union institutions of obligations arising under the Treaties. Detecting and, where appropriate, addressing
Amendment 73 #
Proposal for a regulation Recital 3 (3) Detecting and, where appropriate, addressing such difficulties in an efficient and effective manner requires timely access to comprehensive, accurate and reliable quantitative and qualitative market information at the appropriate level. This is particularly the case when the Commission acts as guardian of the Treaties, pursuant to Article 17(1) TEU which entrusts the Commission with the tasks to ensure the application of the Treaties, and of the measures adopted by the institutions pursuant to them, and to oversee the application of Union law. As
Amendment 74 #
Proposal for a regulation Recital 3 a (new) (3a) Undertakings and associations of undertakings recognize the importance of the well-functioning internal market, which has been proved by their willingness to cooperate with the Commission. As evidenced by numerous cases, undertakings and associations of undertakings respond to the requests of the Commission to provide also information on a voluntary basis. Nevertheless, it shall be noted, that such tool may prove useful in case when well- targeted and timely information is needed in order to prove the existence of infringement vis-à-vis à Member States.
Amendment 75 #
Proposal for a regulation Recital 3 b (new) (3b) The introduction of the Single Market Information Tool does not aim to gather confidential business-related information from undertakings and association of undertakings for the purpose of creating new policies.
Amendment 76 #
Proposal for a regulation Recital 4 (4)
Amendment 77 #
Proposal for a regulation Recital 4 a (new) (4a) Specifically in the area of the internal market, this leads to cross-border barriers which have a negative impact on the consumer. These include different product quality depending on the State, geographic discrimination based on location or even unfair competition in respect of posted workers. The investigative tool provided for in this Regulation should also prove useful for public procurement procedures. Restrictive practices by Member States often prevent undertakings from participating in tenders. Although Member States are the Commission's main source of information, there are cross-border situations in which it is undertakings that have relevant information - they, for their part, indicate that there is a risk to the proper functioning of the internal market.
Amendment 78 #
Proposal for a regulation Recital 5 Amendment 79 #
Proposal for a regulation Recital 5 (5) As recognised by the Court of Justice, when enforcing Union law, the Commission, whereas it may rely on indicia, is largely reliant on the information provided by complainants, by public and private bodies, and by the Member States concerned. Pursuant to Article 4(3) TEU, Member States are under the duty, as recalled several times by the Court of Justice, to facilitate the Commission’s tasks, including in particular its role as guardian of the Treaties.
Amendment 80 #
Proposal for a regulation Recital 7 (7) Although the current regulatory framework as regards the Commission’s
Amendment 81 #
Proposal for a regulation Recital 8 (8)
Amendment 82 #
Proposal for a regulation Recital 8 (8) Where detailed, comparable, up-to- date, and often confidential market information could only be obtained from market players in a timely manner, it appears therefore appropriate, as a last resort, to empower the Commission, within the limits and under the conditions laid down in this Regulation, to request undertakings and associations of undertakings to directly provide it, in a timely manner, with comprehensive, accurate and reliable quantitative and qualitative market information where other sources of information have proven unavailable, insufficient or inadequate. To this effect, the Commission should first adopt a decision stating why other means to obtain the necessary information have proven ineffective. It is understood that the notion of undertaking has the same meaning as in other areas of EU law, in particular competition law. It includes all undertakings regardless of the source of their financing, whether they are governed by public law or private law, and whether or not they are active as a matter of course on the market.
Amendment 83 #
Proposal for a regulation Recital 8 (8) Where detailed, comparable, up-to- date, and often confidential market information could only be obtained from market players in a timely manner, it appears therefore appropriate, as a last resort, to empower the Commission, within the limits and under the conditions laid down in this Regulation, to request undertakings and associations of undertakings to directly provide it, in a timely manner, with comprehensive, accurate and reliable quantitative and qualitative market information where other sources of information have proven unavailable, insufficient or inadequate. To this effect, the Commission should first adopt a decision stating wh
Amendment 84 #
Proposal for a regulation Recital 8 (8) Where detailed, comparable, up-to- date, and often confidential market information could only be obtained from market players in a timely manner, it appears therefore appropriate, as a last resort, to empower the Commission, within the limits and under the conditions laid down in this Regulation, to
Amendment 85 #
Proposal for a regulation Recital 8 (8) Where detailed, comparable, up-to- date, and often confidential market information could only be obtained from market players in a timely manner, it appears therefore appropriate, as a last resort, to empower the Commission, within the limits and under the conditions laid down in this Regulation, to request Member States to ask undertakings and associations of undertakings to directly provide it, in a
Amendment 86 #
Proposal for a regulation Recital 9 (9) To ensure that the operation of this Regulation will involve Member States, reflecting the principle of sincere cooperation between the Commission and the Member States stipulated in Article 4(3) TEU, it is appropriate to provide that any Commission decision stating its intention to use the power to request information from undertakings or associations of undertakings, which may provide it on a voluntary basis, under this Regulation shall be notified to the Member State or the Member States concerned without delay.
Amendment 87 #
Proposal for a regulation Recital 10 (10) Such empowerment does not aim at creating new enforcement powers for the Commission such as, in particular, the powers to pursue infringements of Union law in the internal market area against individual market participants. Its purpose is rather to provide the Commission with additional fact-finding ability where this is strictly required for performing the task entrusted to the Commission by the TFEU to ensure the application of Union law in relation to the aim of establishing and ensuring the functioning of the internal market.
Amendment 88 #
Proposal for a regulation Recital 10 (10) Such empowerment does not aim at creating new enforcement powers for the Commission such as, in particular, the
Amendment 89 #
Proposal for a regulation Recital 10 (10) Such empowerment does not aim at creating new enforcement powers for the Commission such as, in particular, the powers to pursue infringements of Union law in the internal market area against individual market participants. Its purpose is rather to provide the Commission with additional fact-finding ability where this is strictly required for performing the
Amendment 90 #
Proposal for a regulation Recital 11 (11)
Amendment 91 #
Proposal for a regulation Recital 11 (11) For this
Amendment 92 #
Proposal for a regulation Recital 11 (11) For this investigative tool to be effective, the information sought should
Amendment 93 #
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
Amendment 94 #
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 most likely to be at the disposal of the undertaking or association of undertakings concerned.
Amendment 95 #
Proposal for a regulation Recital 11 (11) For this in
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
Amendment 97 #
Proposal for a regulation Recital 11 a (new) (11a) The Commission should only be allowed to request undertakings and associations of undertakings to deliver pre-existing documents and the answers to purely factual questions.
Amendment 98 #
Proposal for a regulation Recital 11 b (new) (11b) As enshrined in Article 6 of the European Convention on Human Rights and Articles 47 and 48 of the Charter of Fundamental Rights of the European Union and confirmed by the Court of Justice of the European Union, undertakings and association of undertakings have right for the protection against self-incrimination. Therefore, the right not to give evidence against oneself or the right of silence shall be granted to all undertakings and the associations of undertakings without exception, regardless the area of the internal market and the nature of information requested by the Commission.
Amendment 99 #
Proposal for a regulation Recital 12 source: 619.392
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History
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European Economic and Social Committee European Committee of the Regions
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| procedure/dossier_of_the_committee |
Old
IMCO/8/09877New
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| procedure/other_consulted_institutions |
European Economic and Social Committee European Committee of the Regions
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| procedure/subject |
Old
New
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2017-11-15Show (2) Changes | Timetravel
| procedure/subject/1 |
8.50.01 Implementation of EU law
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| procedure/title |
Old
Conditions and procedure by which the Commission may request undertakings to provide information in relation to the internal marketNew
Internal market: conditions and procedure by which the Commission may request undertakings to provide information |
2017-10-27Show (2) Changes | Timetravel
| activities/1/committees/1/shadows/1 |
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| committees/1/shadows/1 |
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2017-10-05Show (2) Changes | Timetravel
| activities/1/committees/1/shadows/3 |
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| committees/1/shadows/3 |
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2017-09-06Show (2) Changes | Timetravel
| activities/0/commission/0 |
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| other/0 |
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2017-07-20Show (2) Changes | Timetravel
| activities/1/committees/1/shadows/2 |
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| committees/1/shadows/2 |
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2017-07-13Show (1) Changes | Timetravel
| links/Research document |
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2017-06-22Show (2) Changes | Timetravel
| activities/1/committees/1/shadows/1 |
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| committees/1/shadows/1 |
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2017-06-17Show (4) Changes | Timetravel
| activities/1/committees/1/date |
2017-05-30T00:00:00
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| activities/1/committees/1/rapporteur |
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| committees/1/date |
2017-05-30T00:00:00
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| committees/1/rapporteur |
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2017-06-09Show (2) Changes | Timetravel
| activities/1/committees/1/shadows |
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| committees/1/shadows |
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2017-06-03Show (3) Changes | Timetravel
| activities/1 |
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| procedure/dossier_of_the_committee |
IMCO/8/09877
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| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2017-05-31Show (2) Changes | Timetravel
| activities/0/docs/0/text |
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| procedure/Mandatory consultation of other institutions |
European Economic and Social Committee European Committee of the Regions
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2017-05-11Show (5) Changes
| activities |
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| committees |
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| links |
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| other |
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| procedure |
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