Activities of Gunnar BECK related to 2021/0114(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on foreign subsidies distorting the internal market
Amendments (75)
Amendment 40 #
Proposal for a regulation
Recital 1
Recital 1
(1) A strong, open and competitive internal market enables both European and foreign undertakings to compete on merits. The Union benefits from a sophisticated and effectiveThe Union benefits from a system of State aid control, aiming at ensuring fair conditions for all undertakings engaging in an economic activity in the internal market. This State aid control system prevents Member States from granting State aid that unduly distorts competition in the internal market.
Amendment 42 #
Proposal for a regulation
Recital 2
Recital 2
(2) At the same time, undertakings might receive subsidies from third countries, that provide public funds which are then used, for instance, to finance economic activities in the internal market in any sector of the economy, such as participation in public procurement tenders, or acquisitions of undertakings, including those with strategic assets such as critical infrastructure and innovative technologies. Such subsidies, including monetary financing of an economy to artificially lower the production costs, are currently not subject to Union State aid rules.
Amendment 42 #
Proposal for a regulation
Recital 2
Recital 2
(2) At the same time, undertakings might receive subsidies from third countries, that provide public funds which are then used, for instance, to finance economic activities in the internal market in any sector of the economy, such as participation in public procurement tenders, or acquisitions of undertakings, including those with strategic assets such as critical infrastructure and innovative technologies. Such subsidies, including monetary financing of an economy to artificially lower the production costs, are currently not subject to Union State aid rules.
Amendment 44 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Whereas the historical origin of competition policies lies in the need to ensure that foreign or domestic undertakings cannot affect national sovereignty or the democratic exercise of popular sovereignty.
Amendment 45 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Points out that competition policies were originally intended to prevent foreign and domestic powers from being able to undermine national sovereignty or the democratic exercise of popular sovereignty.
Amendment 45 #
Proposal for a regulation
Recital 3
Recital 3
(3) Foreign subsidies can distort the internal market and undermine the level playing field for various economic activities in the Union and can represent a threat to the sovereignty of Member States. This could in particular occur in the context of concentrations entailing a change of control over Union undertakings in the Member States, where such concentrations are fully or partially financed through foreign subsidies, or if undertakings benefiting from foreign subsidies are awarded public contracts in the Union.
Amendment 46 #
Proposal for a regulation
Recital 3
Recital 3
(3) Foreign subsidies can distort the internal market and, undermine the level playing field for various economic activities in the Union and pose a threat to Member State sovereignty. This could in particular occur in the context of concentrations entailing a change of control over UnionMember State undertakings, where such concentrations are fully or partially financed through foreign subsidies, or if undertakings benefiting from foreign subsidies are awarded public contracts in the Union.
Amendment 48 #
Proposal for a regulation
Recital 4
Recital 4
(4) No existing Union instruments address distortions or breaches of Member State sovereignty caused by foreign subsidies. Trade defence instruments enable the Commission to act when subsidised goods are imported into the Union, but not when foreign subsidies take the form of subsidised investments, or when services and financial flows are concerned. Under the WTO Agreement on Subsidies and Countervailing Measures, the Union has the possibility to initiate State-to-State dispute settlement against certain foreign subsidies granted by WTO members and limited to goods.
Amendment 48 #
Proposal for a regulation
Recital 5
Recital 5
(5) It iscould therefore necessarybe useful to complement existing Union instruments with a new tool to effectively deal with distortions in the internal market caused by foreign subsidies and, to ensure a level playing field, and to protect the economic sovereignty of the Member States from foreign influence and control. In particular, the new tool complements Union State aid rules which deal with distortions in the internal market caused by Member State subsidies.
Amendment 49 #
Proposal for a regulation
Recital 6
Recital 6
(6) Rules and procedures to investigate foreign subsidies that actually or potentially distort the internal market should be laid down and, where relevant, those distortions should be redressed. Foreign subsidies benefitting a certain economic activity of an undertaking, or an undertaking itself could distort the internal market if the undertaking benefitting from the foreign subsidy engages in an economic activity in the Union. This Regulation should therefore establish rules for all undertakings engaging in an economic activity in the Union. Given the significance of the economic activities pursued by SMEs, and their contribution to the fulfilment of the Union’s key policy goals, special attention is given to the impact of this Regulation on them.
Amendment 51 #
Proposal for a regulation
Recital 5
Recital 5
(5) It is therefore necessary to complement existing Union instruments with a new tool to effectively deal with distortions in the internal market caused by foreign subsidies and, ensure a level playing field and protect the economic sovereignty of Member States. In particular, the new tool complements Union State aid rules which deal with distortions in the internal market caused by Member State subsidies.
Amendment 52 #
Proposal for a regulation
Recital 5
Recital 5
(5) It iscould therefore necessarybe useful to complement existing Union instruments with a new tool to effectively deal with distortions in the internal market caused by foreign subsidies and ensure a level playing field. In particular, the new tool complements Union State aid rules which deal with distortions in the internal market caused by Member State subsidies.
Amendment 52 #
Proposal for a regulation
Recital 7
Recital 7
(7) To ensure a level playing field throughout the internal market and consistency in the application of this Regulation, the Commission should be the sole authority competent to apply this Regulation. The Commission should have the power to examine any foreign subsidy to the extent it is in the scope of this Regulation in any sector of the economy on its own initiative relying on information from all available sources. To ensure effective control, in the specific case of large concentrations (mergers and acquisitions) and public procurement procedures above certain thresholds, the Commission should have the power to review foreign subsidies based on a prior notification by the undertaking to the Commission.
Amendment 53 #
Proposal for a regulation
Recital 6
Recital 6
(6) Rules and procedures to investigate foreign subsidies that actually or potentially distort the internal market should be laid down and, where relevant, those distortions should be redressed. Foreign subsidies benefitting a certain economic activity of an undertaking could distort the internal market if the undertaking benefitting from the foreign subsidy engages in anthat subsidized economic activity in the Union. This Regulation should therefore establish rules for all undertakings engaging in an economic activity in the Union. Given the significance of the economic activities pursued by SMEs, and their contribution to the fulfilment of the Union’s key policy goals, special attention is given to the impact of this Regulation on them.
Amendment 54 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 54 #
Proposal for a regulation
Recital 9
Recital 9
(9) There should be a financial contribution provided, financial or in kind, directly or indirectly, by the public authorities of a third country. The financial contribution may be granted through public or private entities. Whether a public entity provides a financial contribution should be determined on a case-by-case basis with due regard to elements such as the characteristics of the relevant entity and the legal and economic environment prevailing in the country in which the entity operates including the government’s role in the economy. Financial contributions may also be granted through a private entity if its actions can be attributed to the third country. Corporate bonds bought by a foreign central bank, or under any national purchasing programme with public funds, should also be considered as financial contributions
Amendment 55 #
Proposal for a regulation
Recital 7
Recital 7
(7) To ensure a level playing field throughout the internal market and consistency in the application of this Regulation, the Commission should be the sole authority competent to apply this Regulation. The Commission should have the power to examine any foreign subsidy to the extent it is in the scope of this Regulation in any sector of the economy on its own initiative relying on information from all available sources. To ensure effective control, in the specific case of large concentrations (mergers and acquisitions) and public procurement procedures above certain thresholds, the Commission should have the power to review foreign subsidies based on a prior notification by the undertaking to the Commission.
Amendment 56 #
Proposal for a regulation
Recital 10
Recital 10
(10) Such a financial contribution, financial or in kind, should confer a benefit to an undertaking engaging in an economic activity in the internal market. A financial contribution that benefits an entity engaging in non- economic activities does not constitute a foreign subsidy. The existence of a benefit should be determined on the basis of comparative benchmarks, such as the investment practice of private investors, rates for financing obtainable on the market, a comparable tax treatment, tailored lending conditions, or the adequate remuneration for a given good or service.. If no directly comparable benchmarks are available, existing benchmarks could be adjusted or alternative benchmarks could be established based on generally accepted assessment methods.
Amendment 57 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) Foreign subsidies to undertakings supplying energy to the Member States should be exempt from this regulation, especially where such energy products meet the EU Taxonomy criteria;
Amendment 59 #
Proposal for a regulation
Recital 12
Recital 12
(12) Once the existence of a foreign subsidy is established, the Commission should assess whether the foreign subsidy distorts the internal market, in close cooperation with the Member States where the distortion is identified. Unlike State aid granted by a Member State, foreign subsidies are not generally prohibited. Subsidies in the form of export financing may be a cause of particular concern because of their distortive effects. This is not the case if such financing is provided in line with the OECD Arrangement on officially supported export credits. The Commission should assess on a case-by- case basis whether a foreign subsidy distorts the internal market.
Amendment 62 #
Proposal for a regulation
Recital 9
Recital 9
(9) There should be a financial contribution, or loan, provided, directly or indirectly, by the public authorities of a third country. The financial contribution may be granted through public or private entities. Whether a public entity provides a financial contribution should be determined on a case-by-case basis with due regard to elements such as the characteristics of the relevant entity and the legal and economic environment prevailing in the country in which the entity operates including the government’s role in the economy. Financial contributions may also be granted through a private entity if its actions can be attributed to the third country.
Amendment 63 #
Proposal for a regulation
Recital 9
Recital 9
(9) There should be a financial contribution provided, directly or indirectly, by the public authorities of a third country. The financial contribution may be granted through public or private entities. Whether a public entity provides a financial contribution should be determined on a case-by-case basis with due regard to elements such as the characteristics of the relevant entity and the legal and economic environment prevailing in the country in which the entity operates including the government’s role in the economy. Financial contributions may also be granted through a private entity if its actions can be attributed to the third country. Corporate bonds bought by a foreign central bank should also be considered as financial contributions.
Amendment 65 #
Proposal for a regulation
Recital 10
Recital 10
(10) Such a financial contribution should confer a benefit to an undertaking engaging in an economic activity in the internal market. A financial contribution that benefits an entity engaging in non- economic activities does not constitute a foreign subsidy. The existence of a benefit should be determined on the basis of comparative benchmarks, such as the investment practice of private investors, rates for financing obtainable on the market, a comparable tax treatment, tailored lending conditions, or the adequate remuneration for a given good or service.. If no directly comparable benchmarks are available, existing benchmarks could be adjusted or alternative benchmarks could be established based on generally accepted assessment methods.
Amendment 66 #
Proposal for a regulation
Recital 10
Recital 10
(10) Such a financial contribution, or loan, should confer a benefit to an undertaking engaging in an economic activity in the internal market. A financial contribution that benefits an entity engaging in non- economic activities does not constitute a foreign subsidy. The existence of a benefit should be determined on the basis of comparative benchmarks, such as the investment practice of private investors, rates for financing obtainable on the market, a comparable tax treatment, or the adequate remuneration for a given good or service.. If no directly comparable benchmarks are available, existing benchmarks could be adjusted or alternative benchmarks could be established based on generally accepted assessment methods.
Amendment 68 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) Foreign subsidies to undertakings supplying energy to the Member States should be exempt from this Regulation;
Amendment 69 #
Proposal for a regulation
Recital 12
Recital 12
(12) Once the existence of a foreign subsidy is established, the Commission, together with the Member States, should assess whether the foreign subsidy distorts the internal market. Unlike State aid granted by a Member State, foreign subsidies are not generally prohibited. Subsidies in the form of export financing may be a cause of particular concern because of their distortive effects. This is not the case if such financing is provided in line with the OECD Arrangement on officially supported export credits. The Commission should assess on a case-by- case basis whether a foreign subsidy distorts the internal market.
Amendment 80 #
Proposal for a regulation
Recital 17
Recital 17
(17) Where the Commission examines a foreign subsidy on its own initiative, it should have the power to impose redressive measures on an undertaking to remedy any distortion or breach of Member State sovereignty caused by a foreign subsidy in the internal market. Redressive measures should be proportionate and suitable to remedy the distortion at stakeeconomic and political imbalances created. They should include behavioural or structural remedies or the repayment of the foreign subsidy.
Amendment 81 #
Proposal for a regulation
Recital 18
Recital 18
(18) The undertaking concerned should have the possibility to offer commitments in order to remedy the distortion or breach of Member State sovereignty caused by the foreign subsidy. If the Commission, together with the Member States, considers that the commitments offered fully and effectively remedy the distortion, it could accept them and make them binding by decision.
Amendment 81 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
(1 a) This Regulation shall also make it possible to control foreign subsidies in case of threat to national sovereignty of the Member States, as well as their impact on the good exercise of democracy, and pluralistic and independent media;
Amendment 82 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
(2) This Regulation addresses foreign subsidies granted tobenefitting a certain economic activity of an undertaking engaging in anthat subsidized economic activity in the internal market. ASuch advantage is deemed to exist from the moment it can cause distortions, including prior to the actual receipt of, or entitlement to, the subsidy by the beneficiary. Among others, an undertaking acquiring control or merging with an undertaking established in the Union or an undertaking participating in a public procurement procedure is considered to be engaging in an economic activity in the internal market.
Amendment 84 #
Proposal for a regulation
Recital 20
Recital 20
(20) Unless the undertakings concerned offer commitments that would fully and effectively remedy the identified distortion or breach of Member State sovereignty, the Commission should have the power to prohibit a concentration or the award of a public contract before it takes place. Where the concentration has already been implemented, notably in cases where no prior notification was required because the notification thresholds were not reached, the distortion may nonetheless be so substantial that it cannot be remedied by behavioural or structural measures or by the repayment of the subsidy. In such cases, the Commission, together with the Member States, could decide to remedy the distortion by ordering the undertakings concerned to dissolve the concentration.
Amendment 85 #
Proposal for a regulation
Article 2 – paragraph 2 – point a – point i
Article 2 – paragraph 2 – point a – point i
(i) the transfer of funds or liabilities, such as capital injections, grants, loans, loan guarantees, tailored lending conditions, fiscal incentives, setting off of operating losses, compensation for financial burdens imposed by public authorities, debt forgiveness, debt to equity swaps or rescheduling, corporate bond buying programmes by public authorities including central banks;
Amendment 91 #
Proposal for a regulation
Article 2 – paragraph 2 – point b – point ii
Article 2 – paragraph 2 – point b – point ii
(ii) foreign public entities, whose actions can be attributed to the third country, taking into account elements such as the characteristics of the entity, the legal and economic environment prevailing in the State in which the entity operates including the government’s role in the economy, such as central banks or public investment banks; or
Amendment 93 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2 a) Foreign subsidies to undertakings supplying energy to the Member States should be exempt from this regulation, especially where such energy products meet the EU Taxonomy criteria;
Amendment 94 #
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should have appropriate instruments to ensure the effectiveness of commitments and redressive measures. If the undertaking concerned does not comply with a decision with commitments, a decision imposing redressive measures, or a decision ordering interim measures, the Commission, together with the Member States, should have the power to impose fines and periodic penalty payments.
Amendment 94 #
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(c a) the sector concerned;
Amendment 95 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) the level and evolution of economic activity of the undertaking concerned on the internal market;
Amendment 97 #
Proposal for a regulation
Recital 28
Recital 28
(28) Given the potentially significant impact of concentrations on the internal market and Member State sovereignty, the Commission should have the power, upon notification, to examine information on foreign financial contributions in the context of a proposed concentration. Undertakings should not be allowed to implement the concentration prior to the conclusion of the Commission’s review.
Amendment 97 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 104 #
Proposal for a regulation
Recital 33
Recital 33
(33) The need to address distortive foreign subsidies that cause distortions or breaches of Member State sovereignty is especially salient in public procurement, given its economic significance in the internal market and the fact that it is financed by taxpayer funds. The Commission, together with the Member State concerned by the public procurement procedure, should have the power, upon notification prior to the award of a public contract or concession, to examine information on foreign financial contributions to the participating undertakings in the context of a public procurement procedure. Prior notifications should be mandatory above a threshold set in this Regulation to capture economically significant cases while minimising the administrative burden and not hindering the participation of SMEs in public procurement. That obligation of prior notification above a threshold should also apply to groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU of the European Parliament and of the Council40, Article 19(2) of Directive 2014/24/EU of the European Parliament and of the Council41 and Article 37(2) of Directive 2014/25/EU of the European Parliament and of the Council42. It should also apply to the main subcontractors and the main suppliers of undertaking. _________________ 40 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1). 41 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 42 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Amendment 106 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 116 #
Proposal for a regulation
Article premier – paragraph 1 – subparagraph 1 (new)
Article premier – paragraph 1 – subparagraph 1 (new)
This Regulation should also make it possible to check whether foreign subsidies pose a threat to Member State sovereignty, to gauge the impact of such subsidies on the proper functioning of democracy and on the plurality of information, and to prevent a harmful level of economic leverage from being obtained.
Amendment 116 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Any Member State may require the Commission to initiate a review of a foreign subsidy;
Amendment 118 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
(2) This Regulation addresses foreign subsidies granted tobenefitting a certain economic activity of an undertaking engaging in anthat subsidized economic activity in the internal market. An undertaking acquiring control or merging with an undertaking established in the Union or an undertaking participating in a public procurement procedure is considered to be engaging in an economic activity in the internal market.
Amendment 121 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(2 a) Foreign subsidies to undertakings supplying energy to Member States shall be exempt from this Regulation;
Amendment 126 #
Proposal for a regulation
Article 2 – paragraph 2 – point a – point i
Article 2 – paragraph 2 – point a – point i
(i) the transfer of funds or liabilities, such as capital injections, grants, loans, loan guarantees, tailored lending conditions, fiscal incentives, setting off of operating losses, compensation for financial burdens imposed by public authorities, debt forgiveness, debt to equity swaps or rescheduling, corporate bond buying programmes;
Amendment 129 #
Proposal for a regulation
Article 2 – paragraph 2 – point b – point ii
Article 2 – paragraph 2 – point b – point ii
(ii) foreign public entities, whose actions can be attributed to the third country, taking into account elements such as the characteristics of the entity, the legal and economic environment prevailing in the State in which the entity operates including the government’s role in the economy, such as central banks or public investment banks; or
Amendment 134 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Distortions on the internal market and the threat to Member State sovereignty
Amendment 134 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
(2) Fines imposed in the cases referred to in paragraph 1 shall not exceed 15 % of the aggregateglobal turnover of the undertaking or association of undertakings concerned in the preceding business year.
Amendment 136 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
(3) Periodic penalty payments imposed in the cases referred to in paragraph 1 shall not exceed 57% of the average daily aggregateglobal turnover of the undertaking or association of undertakings concerned in the preceding business year for each working day of delay, calculated from the date established in the decision, until it submits complete and correct information as requested by the Commission.
Amendment 139 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1a) A breach of Member State sovereignty shall be determined where: (a) one of the Member States reports to the Commission that a foreign subsidy is threatening its sovereignty; (b) a foreign subsidy, through the beneficial entity, is intended to restrict the quantity and quality of information, thereby undermining plurality; (c) that subsidy is likely to create or foster the creation of an entity capable solely by economic power of undermining the free exercise of democracy.
Amendment 139 #
Proposal for a regulation
Article 15 – paragraph 5 – point a
Article 15 – paragraph 5 – point a
(a) fines not exceeding 10 % of the aggregateglobal turnover of the undertaking concerned in the preceding business year; and
Amendment 140 #
Proposal for a regulation
Article 15 – paragraph 5 – point b
Article 15 – paragraph 5 – point b
(b) periodic penalty payments not exceeding 5% of the average daily aggregateglobal turnover of the undertaking concerned in the preceding business year for each day of non-compliance, starting from the day of the Commission decision imposing such penalty payments, until the Commission finds that the undertaking concerned complies with the decision.
Amendment 149 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Categories of foreign subsidies most likely to distort the internal market or breach Member State sovereignty
Amendment 153 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 166 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
(1) To remedy the distortion on the internal market actually or potentially caused by a foreign subsidy, the Commission, together with the Member States, may impose redressive measures. The undertaking concerned may also offer commitments.
Amendment 167 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
(2) Commitments or redressive measures shall fully and effectively remedy the distortion or breach of Member State sovereignty caused by the foreign subsidy in the internal market.
Amendment 168 #
Proposal for a regulation
Article 6 – paragraph 3 – point h
Article 6 – paragraph 3 – point h
Amendment 180 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Any Member State may call on the Commission to conduct an investigation into a foreign subsidy
Amendment 191 #
Proposal for a regulation
Article 10 – paragraph 1 – point 1
Article 10 – paragraph 1 – point 1
(1) there are indications that a financial contribution constitutes a foreign subsidy and distorts the internal market; and
Amendment 195 #
Proposal for a regulation
Article 10 – paragraph 1 – point 2 a (new)
Article 10 – paragraph 1 – point 2 a (new)
(2a) if a foreign subsidy if likely to breach the sovereignty of a Member State
Amendment 202 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) The Commission, systematically together with the authorities of the Member States concerned, may conduct the necessary inspections of undertakings.
Amendment 204 #
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
(2) WhereIn such cases, the Commission undertakes such an inspectimay call on, the officinationals authorised by the Commission to conduct an inspection shall be empoweredties:
Amendment 205 #
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
(3) The undertaking concerned shall submit to inspections ordered by decision of the Commission. The officials and other accompanying persons authorised by the Commissiono conduct an inspection, the national authorities will be required to conproducte an inspection shall exercise their powers upon production of a Commission decision decision from the Commission or from their national regulatory bodies:
Amendment 206 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 207 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
(6) Where officials or other accompanying persons authorised by the Commission find that an undertaking opposes an inspection within the meaning of this Article, tThe Member State concerned shall provide them with the necessary assistance and shall request, where appropriate, the assistance of the police or of an equivalent enforcement authority so as to enablsure them to conduct their inspection inspection is properly conducted.
Amendment 208 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
Amendment 217 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
(1) The Commission, together with the Member States, may impose by decision fines and periodic penalty payments where an undertaking concerned or an association of undertakings, intentionally or negligently:
Amendment 219 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
(2) Fines imposed in the cases referred to in paragraph 1 shall not exceed 15 % of the aggregateglobal turnover of the undertaking or association of undertakings concerned in the preceding business year.
Amendment 220 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
(3) Periodic penalty payments imposed in the cases referred to in paragraph 1 shall not exceed 57% of the average daily aggregateglobal turnover of the undertaking or association of undertakings concerned in the preceding business year for each working day of delay, calculated from the date established in the decision, until it submits complete and correct information as requested by the Commission.
Amendment 221 #
Proposal for a regulation
Article 15 – paragraph 5 – point a
Article 15 – paragraph 5 – point a
(a) fines not exceeding 10 % of the aggregateglobal turnover of the undertaking concerned in the preceding business year; and
Amendment 222 #
Proposal for a regulation
Article 15 – paragraph 5 – point b
Article 15 – paragraph 5 – point b
(b) periodic penalty payments not exceeding 5% of the average daily aggregateglobal turnover of the undertaking concerned in the preceding business year for each day of non-compliance, starting from the day of the Commission decision imposing such penalty payments, until the Commission finds that the undertaking concerned complies with the decision.
Amendment 225 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Distortions on the internal market or breaches of Member State sovereignty by foreign subsidies in concentrations
Amendment 259 #
Proposal for a regulation
Article 26 – title
Article 26 – title
Distortions on the internal market by foreign subsidies or breaches of Member State sovereignty in public procurement procedures
Amendment 321 #
Proposal for a regulation
Article 45
Article 45