5 Amendments of Daniel DALTON related to 2017/0063(COD)
Amendment 33 #
Proposal for a directive
Recital 18
Recital 18
(18) NCAs should have the necessary resources, in terms of staff, expertise, financial means and technical equipment, to ensure they can effectively perform their tasks when applying Articles 101 and 102 TFEU. In case their duties and powers under national law are extended, the resources that are necessary to perform those tasks should still be sufficient. The independence of NCAs will be enhanced if they have autonomy in the implementation of the budgets allocated to them. Autonomy in the implementation of allocated budgets should be implemented within the framework of national budgetary rules and procedures.
Amendment 46 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that national competition authorities have the human, financial and technical resources that are necessary for the effective performance of their duties and exercise of their powers when applying Articles 101 and 102 TFEU as defined in paragraph 2. Member States shall ensure that the NCA is granted autonomy in the implementation of the allocated budget. This budgetary autonomy shall be exercised without prejudice to national budgetary rules and procedures.
Amendment 51 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that the maximum amount of the fine a national competition authority may impose on each undertaking or association of undertakings participating in an infringement of Articles 101 or 102 TFEU should not be seis set at least at a level belowof 10% of its total worldwide turnover in the business year preceding the decision. This should not prevent Member States from maintaining or introducing a higher maximum level for the fine.
Amendment 53 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where an infringement by an association of undertakings relates to the activities of its members, the maximum amount of the fine shall not be set at least at a level belowof 10 % of the sum of the total worldwide turnover of each member active on the market affected by the infringement of the association. This should not prevent Member States from maintaining or introducing a higher maximum amount of the fine. However, the financial liability of each undertaking in respect of the payment of the fine shall not exceed the maximum amount set in accordance with paragraph 1.
Amendment 58 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
Member States shall ensure that current and former employees and directors of applicants for immunity from fines to competition authorities are protected from any criminal and administrative sanctions and from sanctions imposed in non- criminal judicial proceedings for their involvement in the secret cartel covered by the application, if these employees and directors actively cooperate with the competition authorities concerned and the immunity application predates the starttime when the employees and directors were made aware by the competent authorities of the Member States of the criminal proceedings.