Activities of Felix REDA related to 2016/0148(COD)
Plenary speeches (2)
Cooperation between national authorities responsible for the enforcement of consumer protection laws (debate)
Cooperation between national authorities responsible for the enforcement of consumer protection laws (A8-0077/2017 - Olga Sehnalová) (vote)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws PDF (1 MB) DOC (207 KB)
Amendments (98)
Amendment 33 #
Proposal for a regulation
Recital 9
Recital 9
(9) Competent authorities should be in a position to open investigations on their own initiative if they become aware of intra-Union infringements or widespread infringements by means other than consumer complaints. This is particularly necessary to ensure effective cooperation among competent authorities when addressing widespread infringements, but also to support national jurisdictions when implementing Council Regulation 44/20011a , _________________ 1aCouncil Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 12, 16.1.2001, p. 1).
Amendment 36 #
Proposal for a regulation
Recital 10
Recital 10
(10) Competent authorities should have access to all necessary evidence, data and information to determine whether an intra- Union infringement or widespread infringement has occurred, and in particular to identify the trader responsible, irrespective of who possesses this evidence, information or data, of where it is located and of its format. Competent authorities should be able to directly request that third parties in the digital value chain, including those located in non-EU countries, provide all the evidence, data and information necessary,; in the digital environment, particular attention should be brought to traders and services causing a widespread infringement of Directive 95/46/EC of the European Parliament and of the Council1a, Directive 2002/58/EC of the European Parliament and of the Council1b and of Regulation (EU) 2016/679 of the European Parliament and of the Council1c, which could justify common action under Article 21, _________________ 1aDirective 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31). 1bDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37). 1cRegulation (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 40 #
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. Furthermore, the competent authorities should 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 accountrequesting hosting service providers to remove content, suspend a website, service or account, or requesting a domain registry or registrar to put a fully qualified domain name on hold for a specific period of time. Furthermore, the competent authorities should have the power to request a hosting service provider to remove content, close down a website, service or account or a part of it, or request a registry or registrar to delete a fully qualified domain name. However, measures to remove content can be harmful to freedom of speech and information, but also ineffective as in the fast-moving digital environment content reappears as quickly as it was removed. Therefore measures taken to restrict the online distribution, or otherwise making available, of content to the public should always be in line with the Charter of Fundamental Rights of the European Union, be limited to what is necessary and proportionate and executed on the basis of a prior judicial authorization,
Amendment 42 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) The goal of this Regulation is to effectively cease infringements and to prevent and compensate harm to consumers. Therefore, all enforcement measures should aim to address the source of the infringements rather than a presentation layer, and the measures targeting a domain name should only be a last resort in case the removal of content has been unsuccessful.
Amendment 54 #
Proposal for a regulation
Recital 28
Recital 28
(28) The examination procedure should be used for the adoption of the acts pursuant to Articles 10, 11, 12, 13, 15, 20, 27, 31, 32, 34, 35, 36, 37, 39, 43 and 46 of this Regulation given that those acts are of general scope,
Amendment 57 #
Proposal for a regulation
Recital 35
Recital 35
(35) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union67 . Accordingly this Regulation should be interpreted and applied with respect to those rights and principles. When exercising the minimum powers set out in this Regulation, the competent authorities should strike an appropriate balance between the interests protected by fundamental rights such as a high level of consumer protection, the freedom to conduct business, freedom of expression and freedom of information. _________________ 67 OJ C 364, 18.12.2000, p. 1.
Amendment 61 #
Proposal for a regulation
Article 2 – paragraph 8
Article 2 – paragraph 8
8. This Regulation shall be without prejudice to Directive 2009/22/EC of the European Parliament and of the Council68 and to compensatory collective redress actions taken by bodies other than competent authorities. _________________ 68 Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests (OJ L 110, 1.5.2009, p. 30).
Amendment 62 #
Proposal for a regulation
Article 2 – paragraph 8 a (new)
Article 2 – paragraph 8 a (new)
8 a. This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.
Amendment 70 #
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 infringementuse the following powers within five years from the cessation of the infringement.:
Amendment 71 #
Proposal for a regulation
Article 4 – paragraph 1 – point a (new)
Article 4 – paragraph 1 – point a (new)
(a) to impose sanctions, as provided for in point (m) of Article 8(2);
Amendment 72 #
Proposal for a regulation
Article 4 – paragraph 1 – point b (new)
Article 4 – paragraph 1 – point b (new)
(b) to order the trader responsible to compensate consumers who have suffered harm as a consequence of the infringement, as provided for in point (n) of Article 8(2); and
Amendment 73 #
Proposal for a regulation
Article 4 – paragraph 1 – point c (new)
Article 4 – paragraph 1 – point c (new)
(c) to order the restitution of profits obtained as a result of infringements, as provided for in point (o) of Article 8(2).
Amendment 75 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The limitation period for the imposition of penaltiesexercising the powers referred to in paragraph 1 shall begin to run on the day on which the infringement ceased.
Amendment 78 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Any action taken by the competent authority for the purpose of the investigation or enforcement proceedings in respect of the infringement shall suspend the limitation period for the imposition of penaltiesexercising the powers referred to in paragraph 1 until the final decision concerning the matter is adopted. The limitation period for the imposition of penaltiesexercising the powers referred to in paragraph 1 shall be suspended for as long as the decision, order or other action of the competent authority is the subject of proceedings pending before a court.
Amendment 84 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that competent authorities and single liaison offices have the adequate resources necessarynecessary and sufficient resources for the application of this Regulation and for the effective use of their powers pursuant to Article 8, including sufficient budgetary and other resources, expertise, procedures and other arrangements.
Amendment 87 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Each competent authority shall have the investigation and enforcement powers and resources necessary for the application of this Regulation and shall exercise them in accordance with this Regulation and national law.
Amendment 90 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) require, in accordance with the rules of the EU on data protection, the supply by any natural or legal person, including banks, internet service providers, domain registries and registrars and hosting service providers of any relevant information, data or document in any format or form and irrespective of the medium on which or the place where they are stored, for the purpose of among others identifying and following financial and data flows, or of ascertaining the identity of persons involved in financial and data flows, bank account information and ownership of websites when the information, data or document in question is relevant for the investigation;
Amendment 92 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) require any public authority, body or agency within the Member State of the competent authority to supply any relevant information, data or document in any format or form and irrespective of the medium on which or the place where they are stored, for the purpose among others, of identifying and following of financial and data flows, or of ascertaining the identity of persons involved in financial and data flows, bank account information and ownership of websites when the information, data or document in question is relevant for the investigation;
Amendment 94 #
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) purchase, inspect and reverse engineer goods or services as test purchases in order to detect infringements under this Regulation and obtain evidence;
Amendment 95 #
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 accountrequesting hosting service providers to suspend a website, service or account, or requesting domain registries and registrars to put a fully qualified domain name on hold for a limited period of time, provided that any measure taken, to restrict the online distribution, or otherwise making available, of content to the public is in line with the Charter of Fundamental Rights, is limited to what is necessary and proportionate and executed on the basis of a prior judicial authorisation;
Amendment 97 #
Proposal for a regulation
Article 8 – paragraph 2 – point l
Article 8 – paragraph 2 – point l
(l) close down a website, domain or similar digital site, service or account or a part of it, including by requesting a third party or other public authority to implement such measures;in the absence of an effective reaction within a reasonable time by the trader to a request in writing by the competent authorities of a cessation of an infringement, order a hosting service provider to close down a website, service or account or a part of it, order a domain registry or registrar to delete a fully qualified domain name and allow the competent authority concerned to register it; close down a website, domain or similar digital site, service or account or a part of it provided that any measure taken, to restrict the online distribution, or otherwise making available, of content to the public is in line with the Charter of Fundamental Rights, is limited to what is necessary and proportionate and executed on the basis of a prior judicial authorisation,
Amendment 99 #
Proposal for a regulation
Article 8 – paragraph 2 – point q
Article 8 – paragraph 2 – point q
(q) consult consumers, consumer organisations, designated bodies and other persons concerned about the effectiveness of the proposed commitments in ceasing the infringement and removing the harm caused by it and, where applicable, designated bodies.
Amendment 100 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 101 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A requested authority shall, on request from an applicant authority, supply to the applicant authority without delay, and in any event within 14 days, any relevant information required to establish whether an intra-Union infringement has occurred and to bring about the cessation of that infringement. The requested authority shall notify the Commission without delay of the request for information and of its reply.
Amendment 103 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 104 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A requested authority shall without undue delay, on request from an applicant authority, take all necessary enforcement measures to bring about the cessation or prohibition of the intra-Union infringement, including imposing penalties and ordering or facilitating the compensation of consumers for harm caused by the infringement.
Amendment 107 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 109 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 114 #
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
Amendment 115 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Implementing acts The Commission shall adopt implementing acts laying down the standard forms and steps of the procedure referred to in Articles 11, 12 and 15. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Amendment 116 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where appropriate and without prejudice to the rules on professional and commercial secrecy set out in Article 41, the competent authorities concerned may decide toshall publish the common position or parts of it on their websites and on the Commission website and seek the views of consumer organisations and other parties concerned.
Amendment 118 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the trader proposes commitments, the competent authorities concerned, may, where appropriate, publish the proposed commitments on their websites or, as appropriate, on the Commission website in order to seek the views of consumer organisations and other parties concerned and to verify whether the commitments are sufficient to ceaseensure the cessation of the infringement and tohe compensateion of consumers harmed by it.
Amendment 120 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The competent authorities concerned may designate one competent authority to take enforcement measures on behalf of the other competent authorities in order to bring about the cessation or to prohibit the widespread infringement, to ensure compensation of consumers or to impose penalties. When designating a competent authority to take enforcement measures the competent authorities shall take into consideration the location of the traderinfringement concerned. Once the competent authority has been designated to take enforcement measures by the other competent authorities concerned, it shall become competent to act on behalf of the consumers of each such Member State as if they were its own consumers.
Amendment 122 #
Proposal for a regulation
Article 21 – paragraph 1
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 of the Member States accounting together for at least three quarters of the population of the Union majority of the Member States ("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.
Amendment 123 #
Proposal for a regulation
Article 21 – paragraph 3 – introductory part
Article 21 – paragraph 3 – introductory part
3. A competent authority may decline to take part in the common action for one of the following reasons:if a final judgment or a final administrative decision has already been passed in respect of the same infringement against the same trader in that Member State. However, the decision of the competent authority to decline to take part to such action has to be motivated.
Amendment 124 #
Proposal for a regulation
Article 21 – paragraph 3 – point a
Article 21 – paragraph 3 – point a
Amendment 125 #
Proposal for a regulation
Article 21 – paragraph 3 – point b
Article 21 – paragraph 3 – point b
Amendment 127 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Where appropriate, and without prejudice to the rules on professional and commercial secrecy set out in Article 41, the competent authorities may decide toshall publish the common position or parts of it on their websites and on the Commission website or where it is appropriate to seek the views of other parties concerned.
Amendment 130 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Once a competent authority is designated to take enforcement measures by the other competent authorities concerned, it shall be competent to act on behalf of the consumers of each Member State as if they were its own consumers. When designating a competent authority to take enforcement measures, the competent authorities shall take the location of the traderinfringement concerned into consideration.
Amendment 134 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 138 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Designated bodies and European Consumer Centres, on Member State as well as on Union level, shall participate in the alert mechanism set out in Article 34. Member States shall designate consumer organisations and associations, and other entities such as trader associations, with the appropriate expertise and legitimate interest in consumer protection that shall participate in the alert mechanism. Member States shall notify the Commission of those entities without delay.
Amendment 141 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The external alerts shall omainly be 'for information' and shall require the competent authorities to verify whether the alerts are based on a reasoned suspicion in accordance with Article 34(1). The competent authorities shall not be bound to initiate a procedenforcement measures or to take any other action in response to the alerts and information provided by those entities. Entities making external alerts shall ensure that the information provided is correct, up to date and accurate and shall correct any errors in the information posted without delay or withdraw it as appropriate. For that purpose, they shall have access to the information they have provided, subject to the limitations referred to in Articles 41 and 43. They shall also be notified of any follow-up actions taken by the competent authority concerned in relation to external alerts, or of the lack of any action, giving reasons in the latter case as to why the alert was not acted upon.
Amendment 146 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 153 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 156 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 157 #
Proposal for a regulation
Article 41 – paragraph 2 – introductory part
Article 41 – paragraph 2 – introductory part
2. Information communicated in any form to persons working for competent authorities, courts, other public authorities and the Commission, including information notified to the Commission and stored on the database referred to in Article 43, shall be confidential and shall be covered by the obligations of professional secrecy where its disclosure would underminreasonably prejudice:
Amendment 159 #
Proposal for a regulation
Article 41 – paragraph 3 – point b a (new)
Article 41 – paragraph 3 – point b a (new)
(b a) for reasons of public interest, such as public safety, consumer protection, public health and environmental protection,
Amendment 168 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
The report shall contain an evaluation of the application of the Regulation including an assessment of the effectiveness of enforcement of the laws that protect consumers' interests under this Regulation and an examination of, among others, how the compliance with the laws that protect consumers' interests by traders has evolved in key consumer markets concerned by cross-border trade. The Commission shall assess, in particular, the effectiveness of the following:
Amendment 169 #
Proposal for a regulation
Article 50 – paragraph 2 – point a (new)
Article 50 – paragraph 2 – point a (new)
(a) the powers provided under Article 8;
Amendment 170 #
Proposal for a regulation
Article 50 – paragraph 2 – point b (new)
Article 50 – paragraph 2 – point b (new)
(b) the threshold set for wide-spread infringements with a Union dimension;
Amendment 171 #
Proposal for a regulation
Article 50 – paragraph 2 – point c (new)
Article 50 – paragraph 2 – point c (new)
(c) the system of exchange of information on infringements as provided for by Article 43.
Amendment 172 #
Proposal for a regulation
Article 50 – paragraph 2 – subparagraph 1 (new)
Article 50 – paragraph 2 – subparagraph 1 (new)
That report shall be accompanied, where necessary, by legislative proposals.
Amendment 173 #
Proposal for a regulation
Article 50 – paragraph 2 a (new)
Article 50 – paragraph 2 a (new)
By ... [the date of entry into force of this Regulation] and every two years thereafter, the Commission shall submit to the European Parliament and to the Council a report containing an overview of the information, developments in the area of consumer law enforcement and statistics exchanged under the surveillance mechanism established pursuant to Article 33, including posted alerts and follow-up actions taken in relation to external alerts, and an overview of widespread infringements and widespread infringements with a Union dimension.
Amendment 175 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
Regulation (EU) No 2006/2004
Annex
Annex
24 a. Regulation 2017/... of the European Parliament and of the Council on ensuring the cross-border portability of online content services in the internal market
Amendment 176 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
Regulation (EU) No 2006/2004
Annex
Annex
24 b. Regulation 2017/... of the European Parliament and of the Council on addressing geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC
Amendment 209 #
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. Furthermore, the competent authorities should 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 accountrequiring hosting service providers to remove content or to suspend a website, service or account, or requiring a domain registry or registrar to put a fully qualified domain name on hold for a specific period of time. Furthermore, the competent authorities should have the power to order a hosting service provider to remove content or to close down a website, service or account or a part of it, or to order a registry or registrar to delete a fully qualified domain name. However, measures to remove content may not only be harmful to freedom of speech and information, but may also ineffective, as in the fast-moving digital environment content reappears as quickly as it is removed. Therefore measures taken to restrict the online distribution, or otherwise making available, of content to the public should always be in line with the Charter of Fundamental Rights, should be limited to what is necessary and proportionate and should be executed on the basis of a prior judicial authorisation,
Amendment 210 #
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. Furthermore, the competent authorities should 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 accoun, where there are no other means available to prevent or mitigate such harm or reduce it, including, where necessary, requiring hosting service providers to remove content or to suspend a website, service or account, or requiring a domain registry or registrar to put a fully qualified domain name on hold for a specific period of time. Furthermore, the competent authorities should have the power to order a hosting service provider to remove content or to close down a website, service or account or a part of it, or to order a registry or registrar to delete a fully qualified domain name and allow the competent authority concerned to register it,
Amendment 214 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
Amendment 240 #
Proposal for a regulation
Recital 28
Recital 28
(28) The examination procedure should be used for the adoption of the acts pursuant to Articles 10, 11, 12, 13, 15, 20, 27, 31, 32, 34, 35, 36, 37, 39, 43 and 46 of this Regulation, given that those acts are of general scope,
Amendment 243 #
Proposal for a regulation
Recital 35
Recital 35
(35) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union67. Accordingly this Regulation should be interpreted and applied with respect to those rights and principles. When exercising the minimum powers set out in this Regulation, the competent authorities should strike an appropriate balance between the interests protected by fundamental rights such as a high level of consumer protection, the freedom to conduct business, freedom of expression and freedom of information., _________________ 67 OJ C 364, 18.12.2000, p. 1. OJ C 364, 18.12.2000, p. 1.
Amendment 251 #
Proposal for a regulation
Article 2 – paragraph 8
Article 2 – paragraph 8
8. This Regulation shall be without prejudice to Directive 2009/22/EC of the European Parliament and of the Council68 and to compensatory collective redress actions taken by bodies other than competent authorities. _________________ 68 Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests (OJ L 110, 1.5.2009, p. 30).
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 8 a (new)
Article 2 – paragraph 8 a (new)
8a. This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.
Amendment 264 #
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 fromuse the following powers within five years from the cessation of the infringement: (a) to impose sanctions, as provided for in point (m) of Article 8(2); (b) to order the trader responsible to compensate consumers that have suffered harm as a consequence of the infringement, as provided for in point (n) of Article 8(2); and (c) to order the cressatitution of the infringement. profits obtained as a result of infringements, as provided for in point (o) of Article 8(2).
Amendment 270 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The limitation period for the imposition of penaltiesexercising the powers referred to in paragraph 1 shall begin to run on the day on which the infringement ceased.
Amendment 274 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Any action taken by the competent authority for the purpose of the investigation or enforcement proceedings in respect of the infringement shall suspend the limitation period for the imposition of penaltiesexercising the powers referred to in paragraph 1 until the final decision concerning the matter is adopted. The limitation period for the imposition of penaltiesexercising the powers referred to in paragraph 1 shall be suspended for as long as the decision, order or other action of the competent authority is the subject of proceedings pending before a court.
Amendment 277 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that competent authorities and single liaison offices have the adequate resources necessarynecessary and sufficient resources for the application of this Regulation and for the effective use of their powers pursuant to Article 8, including sufficient budgetary and other resources, expertise, procedures and other arrangements.
Amendment 284 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Each competent authority shall have the investigation and enforcement powers and resources necessary for the application of this Regulation and shall exercise them in accordance with this Regulation and national law.
Amendment 286 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) require, in accordance with Union rules on data protection, the supply by any natural or legal person, including banks, internet service providers, domain registries and registrars and hosting service providers of any relevant information, data or document in any format or form and irrespective of the medium on which or the place where they are stored, for the purpose of among others identifying and following financial and data flows, or of ascertaining the identity of persons involved in financial and data flows, bank account information and ownership of websites when the information, data or document in question is relevant for the investigation;
Amendment 291 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) require any public authority, body or agency within the Member State of the competent authority to supply any relevant information, data or document in any format or form and irrespective of the medium on which or the place where they are stored, for the purpose among others, of identifying and following of financial and data flows, or of ascertaining the identity of persons involved in financial and data flows, bank account information and ownership of websites, when the information, data or document in question is relevant for the investigation;
Amendment 302 #
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) purchase, inspect and reverse engineer goods or services as test purchases in order to detect infringements under this Regulation and obtain evidence;
Amendment 304 #
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 account; requiring hosting service providers to remove content or to suspend a website, service or account, or requiring domain registries and registrars to put a fully qualified domain name on hold for a limited period of time, provided that any measure taken to restrict the online distribution, or otherwise making available, of content to the public is in line with the Charter of Fundamental Rights, is limited to what is necessary and proportionate and is executed on the basis of a prior judicial authorisation;
Amendment 305 #
Proposal for a regulation
Article 8 – paragraph 2 – point g
Article 8 – paragraph 2 – point g
(g) adopt interim measures, where there are no other means available and to the extent necessary, 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 orrequesting hosting service providers to suspend a website, service or account, or requesting domain registries and registrars to put a fully qualified domain name on hold for no longer than 48 hours, unless ac countrt orders an extension of time;
Amendment 324 #
Proposal for a regulation
Article 8 – paragraph 2 – point l
Article 8 – paragraph 2 – point l
(l) close down a website, domain or similar digital site, service or account or a part of it, including by requesting a third party or other public authority to implement such measures; in the absence of an effective reaction within a reasonable time by the trader to a written request by a competent authority for the cessation of an infringement, order a hosting service provider to remove content or to close down a website, service or account or a part of it, or order a domain registry or registrar to delete a fully qualified domain name and allow the competent authority concerned to register it;
Amendment 325 #
Proposal for a regulation
Article 8 – paragraph 2 – point l
Article 8 – paragraph 2 – point l
(l) close down a website, domain or similar digital site, service or account or a part of it, including by requesting a third party or other public authority to implement such measuresin the absence of an effective reaction within a reasonable time by a trader to a written request by a competent authority for the cessation of an infringement, order a hosting service provider to remove content or to close down a website, service or account or a part of it, or order a domain registry or registrar to delete a fully qualified domain name and allow the competent authority concerned to register it; close down a website, domain or similar digital site, service or account or a part of it, provided that any measure taken to restrict the online distribution, or otherwise making available, of content to the public is in line with the Charter of Fundamental Rights, is limited to what is necessary and proportionate and is executed on the basis of a prior judicial authorisation;
Amendment 346 #
Proposal for a regulation
Article 8 – paragraph 2 – point q
Article 8 – paragraph 2 – point q
(q) consult consumers, consumer organisations, designated bodies and other persons concerned about the effectiveness of the proposed commitments in ceasing the infringement and removing the harm caused by it and, where applicable, designated bodies.
Amendment 366 #
Amendment 373 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A requested authority shall, on request from an applicant authority, supply to the applicant authority without delay, and in any event within 14 days, any relevant information required to establish whether an intra-Union infringement has occurred and to bring about the cessation of that infringement. The requested authority shall notify the Commission without delay of the request for information and of its reply.
Amendment 378 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 382 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A requested authority shall without undue delay, on request from an applicant authority, take all necessary enforcement measures to bring about the cessation or prohibition of the intra-Union infringement, including imposing penalties and ordering or facilitating the compensation of consumers for harm caused by the infringement.
Amendment 388 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 394 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 408 #
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
Amendment 410 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15a Implementing acts The Commission shall adopt implementing acts laying down the standard forms and steps of the procedure referred to in Articles 11, 12 and 15. Those implementing act shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Amendment 425 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where appropriate and without prejudice to the rules on professional and commercial secrecy set out in Article 41, the competent authorities concerned may decide toshall publish the common position or parts of it on their websites and on the Commission website and shall seek the views of consumer organisations and other parties concerned.
Amendment 428 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the trader proposes commitments, the competent authorities concerned, may, where appropriate, publish the proposed commitments on their websites or, as appropriate, on the Commission website in order to seek the views of consumer organisations and other parties concerned and to verify whether the commitments are sufficient to ceaseensure the cessation of the infringement and tohe compensateion of consumers harmed by it.
Amendment 434 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The competent authorities concerned may designate one competent authority to take enforcement measures on behalf of the other competent authorities in order to bring about the cessation or to prohibit the widespread infringement, to ensure compensation of consumers or to impose penalties. When designating a competent authority to take enforcement measures the competent authorities shall take into consideration the location of the traderinfringement concerned. Once the competent authority has been designated to take enforcement measures by the other competent authorities concerned, it shall become competent to act on behalf of the consumers of each such Member State as if they were its own consumers.
Amendment 441 #
Proposal for a regulation
Article 21 – paragraph 1
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 of the Member States accounting together for at least three quarters of the population of the Union majority of the Member States ("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.
Amendment 447 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Where appropriate, and without prejudice to the rules on professional and commercial secrecy set out in Article 41, the competent authorities may decide toshall publish the common position or parts of it on their websites and on the Commission website or where it is appropriate to seek the views of other parties concerned.
Amendment 451 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Once a competent authority is designated to take enforcement measures by the other competent authorities concerned, it shall be competent to act on behalf of the consumers of each Member State as if they were its own consumers. When designating a competent authority to take enforcement measures, the competent authorities shall take the location of the traderinfringement concerned into consideration.
Amendment 464 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 483 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The external alerts shall omainly be 'for information' and shall require the competent authorities to verify whether those alerts are based on a reasoned suspicion as referred to in Article 34(1). The competent authorities shall not be bound to initiate a procedure orenforcement measures or to take any other action in response to the alerts and information provided by those entities. Entities making external alerts shall ensure that the information provided is correct, up to date and accurate and shall correct any errors in the information posted without delay or withdraw it as appropriate. For that purpose, they shall have access to the information they have provided, subject to the limitations referred to in Articles 41 and 43. Entities making external alerts shall also be notified of any follow-up actions taken by the competent authority concerned in relation to those alerts, or of the lack of any action, giving reasons in the latter case as to why the alert was not acted upon.
Amendment 491 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 501 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 503 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 507 #
Proposal for a regulation
Article 41 – paragraph 2 – introductory part
Article 41 – paragraph 2 – introductory part
2. Information communicated in any form to persons working for competent authorities, courts, other public authorities and the Commission, including information notified to the Commission and stored on the database referred to in Article 43, shall be confidential and shall be covered by the obligations of professional secrecy where its disclosure would underminreasonably prejudice:
Amendment 509 #
Proposal for a regulation
Article 41 – paragraph 3 – point b a (new)
Article 41 – paragraph 3 – point b a (new)
(ba) matters of public interest, such as public safety, consumer protection, public health and environmental protection.
Amendment 530 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
The report shall contain an evaluation of the application of the Regulation including an assessment of the effectiveness of enforcement of the laws that protect consumers' interests under this Regulation and an examination of, among others, how the compliance with the laws that protect consumers' interests by traders has evolved in key consumer markets concerned by cross-border trade. The Commission shall assess, in particular, the effectiveness of the following: (a) the powers provided under Article 8; (b) the threshold set for widespread infringements with a Union dimension; (c) the system of exchange of information on infringements as provided for by Article 43. That report shall be accompanied, where necessary, by legislative proposals.
Amendment 531 #
By ... [the date of entry into force of this Regulation] and every two years thereafter, the Commission shall submit to the European Parliament and to the Council a report containing an overview of the information exchanged, including information concerning developments in the area of consumer law enforcement and statistical information, under the surveillance mechanism established pursuant to Article 33, including posted alerts and follow-up actions taken in relation to external alerts, and an overview of widespread infringements and widespread infringements with a Union dimension.