7 Amendments of Jonás FERNÁNDEZ related to 2017/0063(COD)
Amendment 74 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Every NCA should publish a Code of Conduct that, without prejudice to the application of stricter national rules, covers at least rules avoiding conflict of interests, including provisions on cooling- off periods and the acceptance of invitations, as well as rules regarding activities undertaken in a personal capacity.
Amendment 77 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The complaints rejected by the NCA on the grounds that they are not priority should be kept by the NCA in a well organised data base for ease of reference and eventual future action.
Amendment 94 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) During the period of investigation of an alleged infringement and prior to the taking of a decision by the NCA, undertakings should be given sufficient legal certainty to continue their business activities.
Amendment 121 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Without prejudice of the duty to ensure the enforcement of Articles 101 and 102 TFEU by the NCA, Member States shall ensure that undertakings have the right of appeal from a final decision taken by the NCA, in accordance with Article 47 of the Charter of Fundamental Rights of the European Union.
Amendment 123 #
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
During the period of investigation of an alleged infringement and prior to the taking of a decision by the NCA, Member States shall ensure that undertakings are given the sufficient legal certainty to continue their business activities.
Amendment 131 #
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) National administrative competition authorities have the power to set their priorities for carrying out tasks for the application of Articles 101 and 102 TFEU as defined in Article 5(2). To the extent that national administrative competition authorities are obliged to consider complaints which are formally filed, this shall include the power of those authorities to reject such complaints on the grounds that they do not consider them to be a priority. This is without prejudice to the power of national competition authorities to reject complaints on other grounds defined by national law. The complaints rejected by the NCA on the grounds that they are not a priority should be kept by the NCA in a well-organised data base for ease of reference and eventual future action.
Amendment 139 #
Proposal for a directive
Article 4 – paragraph 2 – point e a (new)
Article 4 – paragraph 2 – point e a (new)
(ea) Member States shall ensure that NCAs publish a Code of Conduct that, without prejudice to the application of stricter national rules, covers at least rules avoiding conflict of interests, including provisions on cooling-off periods and the acceptance of invitations, as well as rules regarding activities undertaken in a personal capacity.