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30 Amendments of João PIMENTA LOPES related to 2016/0148(COD)

João PIMENTA LOPES

Proposal for a regulation
Recital 15

(15) The effectiveness and efficacy of the mutual assistance mechanism should be improved. Information requested should be provided in a timely manner and the necessary enforcement measures should be adopted in a timely manner. The Commission should therefore set binding time periods for competent authorities to reply to information and enforcement requests, and clarify procedural and other aspects of handling information and enforcement requests, by means of implementing measures,

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 1 – paragraph 1

This Regulation lays down the conditions under which the competent authorities in the Member States designated as responsible for the enforcement of the laws that protect consumers’ interests cooperate with each other and with the Commission in order to ensure compliance with those laws and ~~the smooth functioning of the internal market and~~ in order to enhance the protection of consumers’ ~~economic~~ interests.

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 10

The Commission may adopt implementing acts setting out the conditions for the implementation and exercise of the minimum powers of competent authorities referred to in Article 8. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).Article 10 deleted Implementing powers

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 10 – paragraph 1

The Commission may adopt implementing acts setting out the conditions for the implementation and exercise of the minimum powers of competent authorities referred to in Article 8. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 11 – paragraph 4

~~4. The requested authority shall reply to the request using the procedure for information requests and within the time limits set out by the Commission in the implementing act.~~deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 11 – paragraph 5

5. The Commission shall adopt implementing acts setting out the time limits, standard forms and details of the procedures for requests for information. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 12 – paragraph 5

5. The Commission shall adopt implementing acts setting out the time limits, standard forms and details of the procedures for requests for enforcement measures. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 13 – paragraph 6

6. The Commission shall adopt implementing acts setting out the time limits, standard forms and details of the procedures involving designated bodies. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 15 – paragraph 7

7. The Commission may adopt implementing acts setting out the details of the procedures to address cases of disagreement between competent authorities under paragraphs 3 and 4. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 16 – paragraph 4

4. The competent authorities concerned may invite the Commission to take up the coordination role. The Commission shall inform the competent authorities concerned without delay whether it accepts the coordination role.deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 16 – paragraph 5

5. When notifying the competent authority pursuant to paragraph 2, the Commission may propose to take up the coordination role. The competent authorities concerned shall inform the Commission without delay whether they accept that the Commission coordinates the action.deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 16 – paragraph 6

6. Where the Commission declines to take up the coordination role or where the competent authorities concerned do not accept that the Commission coordinates the action, the competent authorities concerned shall designate a competent authority that shall coordinate the action. Where no agreement among competent authorities is reached, the competent authority that first notified the suspected infringement to the other competent authorities shall coordinate the action.

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
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 the location of the trader concerned into consideration. 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.deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 20

The Commission may adopt implementing acts setting out the details of the procedures for common actions for widespread infringements, in particular the standard forms for notifications and other exchanges between competent authorities and the Commission. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).Article 20 deleted Implementing powers

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Chapter 4 – section 2

~~[...]~~deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 27

The Commission may adopt implementing acts setting out the details of the procedures for common actions for widespread infringements with a Union dimension, in particular the standard forms for notifications and other exchanges between competent authorities and the Commission. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).Article 27 deleted Implementing powers

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 31 – paragraph 3

3. The Commission may adopt implementing acts setting out the details of the implementation of traders' rights of defence in coordinated and common actions. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 32 – paragraph 4

4. The Commission may adopt implementing acts setting out the details of the procedures for sweeps. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 34 – paragraph 6

6. The Commission shall adopt implementing acts setting out the details of the functioning of the alert mechanism, including in particular standard forms for alerts. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 35 – paragraph 5

5. The Commission may adopt implementing acts setting out the details of the designation and participation of other entities in the alert mechanism. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 36 – paragraph 2

2. The Commission may adopt implementing acts setting out the details of the exchange of other information relevant for the detection of infringements under this Regulation. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 37 – paragraph 4

4. The Commission may adopt implementing acts necessary to develop the framework for cooperation under paragraphs 1 and 2. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 39 – paragraph 3

3. The Commission may adopt implementing acts necessary to develop the framework for exchange of information referred to paragraph 1. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 42 – paragraph 1

1. Competent authorities may use any information, documents, findings, statements, certified true copies or intelligence communicated as evidence, i~~rrespective of their format and medium on which they are stored~~n accordance with the national law in force.

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 42 – paragraph 2

2. Evidence, documents, information, explanations and investigation findings made by a competent authority in one Member State in accordance with Article 8 may be used, in accordance with the national law in force, for proceedings initiated in application of this Regulation by competent authorities in other Member States ~~without further formal requirements~~.

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 43 – paragraph 1

1. The Commission shall, in cooperation with the Member States, establish and maintain the necessary electronic database in which it shall store and process the information received to support mutual assistance requests pursuant to Chapter III, measures pursuant to Chapter IV and the surveillance mechanism pursuant to Chapter V. The database shall be made available for consultation to the competent authorities and the Commission.

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 43 – paragraph 4

~~4. The Commission shall adopt implementing acts necessary to implement the database. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).~~deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 44 – paragraph 1

~~Member States shall waive all claims for the reimbursement of expenses incurred in applying this Regulation. However, t~~The Member State of the applicant authority shall remain liable to the Member State of the requested authority for any costs and any losses incurred as a result of measures dismissed and held to be unfounded by a court as far as the substance of the infringement in question is concerned.

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 46 – paragraph 2

2. The Commission shall adopt implementing acts necessary to develop the online standard forms and details of the national enforcement plans referred to in Article 45. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).deleted

2017/01/16
Committee: IMCO

João PIMENTA LOPES

Proposal for a regulation
Article 48

1. The Commission shall be assisted by a Committee. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.Article 48 deleted Committee

2017/01/16
Committee: IMCO