44 Amendments of Richard SULÍK related to 2017/0087(COD)
Amendment 57 #
Proposal for a regulation
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The European Parliament rejects the Commission proposal.
Amendment 58 #
Proposal for a regulation
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The European Parliament rejects the Commission proposal.
Amendment 61 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 43(2), 91, 100, 114, 192, 194(2) and 337 thereof,
Amendment 67 #
Proposal for a regulation
Recital 2
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 measures to enforce the requests for information. Therefore, while taking fully into account the fact that the Commission derives its power to collect information directly from the Treaty, this Regulation should be based, in addition to Article 337 TFEU, on the provisions of Articles 43(2), 91, 100, 192 and 194(2) TFEU and also of Article 114 TFEU, which provides for the adoption of measures necessary for the establishment and functioning of the internal market, including where differences between national rules are such as to obstruct the fundamental freedoms or where it is necessary to prevent the emergence of difficulties in the establishment and functioning of the internal market.
Amendment 74 #
Proposal for a regulation
Recital 3 a (new)
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)
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 80 #
Proposal for a regulation
Recital 7
Recital 7
(7) Although the current regulatory framework as regards the Commission’s means to obtain information for addressing difficulties to the establishment and functioning of the internal market rules works efficiently for a great majority of cases, challenges arise in a limited amount of specific situations where detailed, comparable, up-to-date, and often confidential, specific market data are necessary within a limited time frame. Indeed, a sound economic analysis is particularly appropriate for assessing the existence of difficulties to the establishment and functioning of the internal market in complex cases with cross-border dimension, notably when those cases relate to fast-moving markets, new economic activities or new business models challenging existing economic assumptions. However, completing such assessment may turn to be difficult in the absence of sufficient and comparable information. This renders the task of the Commission to ensure the application of Union law more difficult in those specific situations.
Amendment 81 #
Proposal for a regulation
Recital 8
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 effectBefore requesting information, 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.
Amendment 89 #
Proposal for a regulation
Recital 10
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 toCommission’s responsibility to submit to the Court of Justice all the relevant factual information to prove the existence of an infringement with the aim of establishing and ensuring the functioning of the internal market in the framework of infringement procedures against Member States. In the interest of the establishment of a fully functioning internal market, it is appropriate to clarify that such empowerment covers also those economic sectors within the internal market for which TFEU has foreseen common policies: agriculture and fisheries (excluding the conservation of marine biological resources), transport, environment and energy.
Amendment 90 #
Proposal for a regulation
Recital 11
Recital 11
(11) For this investigative tool to be effective, theIn order to minimise costs of replying to requests for 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 ofuch requests should only cover information that is likely to be at the disposal of the 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 likely to be concerned (its ‘raw data’). The Commission cannot request information that needs to be aggregated according to specific criteria, spans a long period of time or goes significantly back in time, ats the disposal of the undertaking or association of undertakings concernedis may prove unduly burdensome.
Amendment 97 #
Proposal for a regulation
Recital 11 a (new)
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)
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 100 #
Proposal for a regulation
Recital 12
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 resoupporting the Commission´s actual findings in infringement procedurces), 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 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 requ against Member States in pending cases before the Court of Justice of the European Union. Their aim is not to prosecute undertakings for the underpinning behaviour, if any. With a view to avoid disproportionate administrative burden for micro, small and medium-sized undertakings unlests for information to this category of undertakings. When issuing requests for information to small and medium-sized undertakings, the Commission should take due account of the principle of proportionality. While SMEs are unlikely to operate at a larger scale enabling them to significantly affect market outcomes, the information gathered from SMEs could prove valuable in informing the Commission on difficulties in establishment and functioning of the internal market. Information readily available to SMEs might be of anecdotal nature but it could still alert the Commission about single market difficulties SMEs might suffer from. SMEs would normally not and should not incur any significant additional costs of data gathering in response to this tool. Given their relatively weaker bargaining position in value chains, SMEs might be more forthcoming with information when granted a procedure duly respecting confidentiality and anonymity. Resolving a difficulty in the single market establishment and functioning could in particular benefit SMEs as it is often the small innovative firms which face the greatest barriers when trying to start up and scale up across the single market. For reasons of consistency and legal certainty, the definitions of ‘micro-undertaking’, ‘small undertaking’ and ‘medium-sized undertaking’ of Directive 2013/34/EU of the European Parliament and of the Council29they are part of a group of undertakings which qualifies at least as a large group under Article 3(7) of Directive 2013/34/EU of the European Parliament and of the Council29, and 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 these categories of undertakings. For reasons of consistency and legal certainty, the definitions of ‘micro-undertaking’, ‘small undertaking’ and ‘medium-sized undertaking’ of Directive 2013/34/EU should apply. __________________ 29 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p.19).
Amendment 108 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 113 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 119 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 121 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 129 #
Proposal for a regulation
Recital 19
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 non-confidential version of the information that could be disclosed to the relevant Member State. In cases where information marked as confidential does not seem to be covered by obligations of professional secrecy, it is appropriate to have a mechanism in place according to which the Commission can decide the extent to which such information can be disclosed. Any such decision to reject a claim that a piece of information is confidential should indicate a period at the end of which it may be disclosed, so that the respondent can make use of any judicial protection available to it, including any interim measure. The rights of the respondent should be safeguarded by giving it the opportunity to make known its views before any decision to reject the confidentiality claim is takenEven if the Commission considers that a confidentiality claim is ill- founded, it should not decide that the relevant information is to be disclosed.
Amendment 137 #
Proposal for a regulation
Recital 21
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 principles of legality and proportionality of penalties.
Amendment 138 #
Proposal for a regulation
Recital 22
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 Directive 95/46/EC30 . With regard to the processing of persona data by the Commission and within the framework of this Regulation, it shall comply with the provisions of Regulation (EC) No 45/2001 of the European Parliament and of the Council31 . __________________ 30Directive 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). 31Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, (OJ L 8, 12.1.2001, p. 1).
Amendment 140 #
Proposal for a regulation
Recital 23
Recital 23
(23) Since the objectives of this Regulation, namely facilitating the exercise of Commission’'s access to market information necessary for carrying ouresponsibility to submit to the Court of Justice all the relevant factual information to prove the existence of an infringement witsh tasks in order to achieve a smoohe aim of establishing and ensuring th-e functioning of the internal market in the framework of infringement procedures against Member States, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 152 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
This Regulation shall apply into the internal market as referred to in Article 26(2) of the TFEU as well as the internal market- related aspects of the following areasectors:
Amendment 154 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Amendment 160 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) agriculture and fisheries, other thanexcluding the conservation of marine biological resources;
Amendment 183 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 212 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 – point d
Article 5 – paragraph 2 – subparagraph 2 – point d
(d) a reasoned explanationlist of whythe other means to obtain such informationhat have previously been consulted to obtain such information as well as a reasoned explanation of why those means have proven insufficient or inadequate or cannot be obtained in a timely manner to date;
Amendment 222 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
The undertakings or association of undertakings concerned by the request as referred to in Article 4 are obligshall only be required to provide only information that is at their disposal.
Amendment 225 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
Amendment 232 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
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, requireest undertakings and associations of undertakings to provide information on a voluntary basis.
Amendment 242 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 3
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 small group as defined ina large group under Article 6(53(7) of Directive 2013/34/EU.
Amendment 252 #
Proposal for a regulation
Article 6 – paragraph 2
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 tomay be provided. It shall also refer to the fines provided for in Article 9(1) for supplying incorrect or misleading information.
Amendment 264 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
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. It shall also indicate the fines provided for in Article 9(1) and the periodic penalties payments provided for in Article 9(2), as appropriatemay be provided.
Amendment 268 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
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 tomay be provided. It shall also indicate the fines provided for in Article 9(1) and the periodic penalties payments provided for in Article 9(2), as appropriate.
Amendment 284 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The undertakings or associations of undertakings, which have voluntarily accepted to providinge information following a Commission’s request for information based on Article 5, shall submit their answers to the Commission in a clear, complete and accurate manner.
Amendment 302 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
The Commission shall verify whethernot be entitled to object 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 proportionate.
Amendment 303 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 307 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 3
Article 7 – paragraph 4 – subparagraph 3
Amendment 329 #
Proposal for a regulation
Article 9
Article 9
Amendment 358 #
Proposal for a regulation
Article 10
Article 10
Amendment 367 #
Proposal for a regulation
Article 11
Article 11
Amendment 376 #
Proposal for a regulation
Article 12
Article 12
Amendment 380 #
Proposal for a regulation
Article 13
Article 13
Amendment 386 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 390 #
Proposal for a regulation
Article 17 – paragraph 1
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, regulations or administrative provisions transposing Directive 95/46/EC implementing Regulation (EU) 2016/679. With regard to the processing of personal data by the Commission within the framework of this Regulation, it shall comply with the provisions of Regulation (EC) No 45/2001. __________________ 1aRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)