33 Amendments of Jiří POSPÍŠIL related to 2017/0087(COD)
Amendment 88 #
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 to the aim of establishing and ensuring the functioning of the internal market. 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 94 #
Proposal for a regulation
Recital 11
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 106 #
Proposal for a regulation
Recital 13
Recital 13
(13) In the interest of the consistency in the application of Union law in the area of the internal market as well as agriculture, fisheries (excluding the conservation of marine biological resources), transport, environment and energy, it is necessary to establish mechanisms for the sharing of information between the Commission and the Member States in relation to the requests for information and, where appropriate, to the replies to such requests, without prejudice to professional secrecy obligations.
Amendment 134 #
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 or, if necessary, to defend itself in court before any decision to reject the confidentiality claim is taken.
Amendment 153 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
This Regulation shall apply in the following areas:internal market, as referred to in Article 26(2) of the Treaty;
Amendment 158 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Amendment 161 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Amendment 168 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 171 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Amendment 178 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Power to request information from undertakings and associations of undertakings by way of a decision
Amendment 188 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Where a serious difficulty with the application of Union law risks undermining the attainment of anthe important Union policy objectiveobjective of removing the barriers within the scope specified in Article 2 of this Regulation, the Commission may request information from undertakings or associations of undertakings, by way of a decision, as provided for in Chapter II, for the purpose of addressing the above-mentioned difficulty.
Amendment 195 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The Commission shallmay only use the power to request information from undertakings and associations of undertakings by way of a decision on the basis of the powers provided for in Article 4 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 200 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the information has not first been provided by athe Member State upon request by the Commission; or
Amendment 202 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the information has not first been provided by a legal or a natural persn undertaking or associations of undertakings upon request by the Commission.;
Amendment 205 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
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
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 Union policy objectiveobjective of removing the barriers within the scope specified in Article 2 of this Regulation;
Amendment 221 #
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 for information as referred to in Article 4 of this regulation are obliged to provide only information that is at their disposal.
Amendment 230 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 234 #
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, require undertakings and associations of undertakings to provide information.
Amendment 239 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 245 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
The Commission shall not issuetherefore not requests for information in accordance with this Regulation tofrom 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 247 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 267 #
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 requestdecision, 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 appropriate.
Amendment 274 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
The Commission shall simultaneously provide a copy of the simple request or of the decision referred to in this Article to the Member State in whose territory the registered seat of the undertaking or association of undertakings is situated.
Amendment 276 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
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 simple requests or decisions referred to in this Article issuadopted in the context of that procedure, irrespective of where the registered seat of the undertaking or association of undertakings is situated.
Amendment 285 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The undertakings or associations of undertakings providing information following a Commission’s decision to request for information based onadopted pursuant to Article 56 shall submit their answers to the Commission in a clear, complete and accurate manner.
Amendment 312 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
The Commission may only include information labelled as confidential information provided by undertakings or association of undertakings in documents to be transmitted to other parties or to be made public, in the following cases:
Amendment 314 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) where the Commission has previously obtained the express agreement of the respondent to disclose such information;
Amendment 318 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
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 335 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 337 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
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(3) or do not supply the information within the prescribed time limit.
Amendment 391 #
Proposal for a regulation
Article 17 – paragraph 1 a (new)
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 394 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
This Regulation shall enter into force on the twentieth121st day following that of its publication in the Official Journal of the European Union.