14 Amendments of Andreas SCHWAB related to 2016/0148(COD)
Amendment 203 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Decisions on the allocation of investigative and enforcement powers to authorities or other bodies will be taken by Member States. The differing legal cultures and administrative traditions of Member States must be taken into account. Furthermore, not every authority on which investigative and enforcement powers are conferred should be required to exercise all minimum powers provided for by this Regulation.
Amendment 282 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
(1) Each competent authority shall have the investigation and enforcement powers necessary for the application of this Regulation and shall exercise them in accordance with this Regulation and national law. The granting of investigative and enforcement powers to all competent authorities shall remain a matter reserved for Member States.
Amendment 289 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) subject to paragraph 2a, require the supply by any natural or legal person, including banks, internet service providers, domain registries and registrars and hosting service providers of any relevant information, data or document in any format or form and irrespective of the medium on which or the place where they are stored, for the purpose of among others identifying and following financial and data flows, or of ascertaining the identity of persons involved in financial and data flows, bank account information and ownership of websites;
Amendment 299 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) subject to paragraph 2a, carry out the necessary on-site inspections, including in particular the power to enter any premises, land or means of transport or to request other authorities to do so in order to examine, seize, take or obtain copies of information, data or documents, irrespective of the medium on which they are stored; to seal any premises or information, data or documents for a necessary period and to the extent necessary for the inspection; to request any representative or member of the staff of the trader concerned to give explanations on facts, information or documents relating to the subject matter of the inspection and to record the answers;
Amendment 309 #
Proposal for a regulation
Article 8 – paragraph 2 – point h
Article 8 – paragraph 2 – point h
(h) start investigations or procedures to bring about the cessation or prohibition of intra-Union infringements or widespread infringements of its own initiative and where appropriate to publish information about this;
Amendment 314 #
Proposal for a regulation
Article 8 – paragraph 2 – point i
Article 8 – paragraph 2 – point i
(i) obtain a commitment from the trader responsible for the intra-Union infringement or widespread infringement to cease the infringement and where appropriate to compensate consumers for the harm caused;
Amendment 319 #
Proposal for a regulation
Article 8 – paragraph 2 – point k
Article 8 – paragraph 2 – point k
Amendment 321 #
Proposal for a regulation
Article 8 – paragraph 2 – point l
Article 8 – paragraph 2 – point l
Amendment 331 #
Proposal for a regulation
Article 8 – paragraph 2 – point m
Article 8 – paragraph 2 – point m
(m) impose penalties, including fines and penalty payments,subject to paragraph 2b, impose administrative fines for intra-Union infringements and widespread infringements and for the failure to comply with any decision, order, interim measure, commitment or other measure adopted pursuant to this Regulation;
Amendment 332 #
Proposal for a regulation
Article 8 – paragraph 2 – point n
Article 8 – paragraph 2 – point n
Amendment 336 #
Proposal for a regulation
Article 8 – paragraph 2 – point o
Article 8 – paragraph 2 – point o
Amendment 342 #
Proposal for a regulation
Article 8 – paragraph 2 – point p
Article 8 – paragraph 2 – point p
(p) publish any final decisions, interim measures or orders, including the publication of the identity of the trader responsible for the intra-Union infringement or widespread infringement;
Amendment 349 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Any natural or legal person who is obliged to provide information in accordance with points (b) and (d) of paragraph 2 shall have the right to remain silent and the right not to incriminate himself or herself.
Amendment 351 #
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)