15 Amendments of Othmar KARAS related to 2017/0063(COD)
Amendment 58 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In order to forestall the introduction of unnecessary new procedures in the Member States, existing allocations of decision-making and investigative powers between NCAs in a Member State which have proven their effectiveness should not be called into question by this Directive.
Amendment 68 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Since the case law of the CJEU states that protecting the confidentiality of lawyer-client communication is essential if the full exercise of the rights of the defence is to be guaranteed, Member States should ensure that NCAs at least safeguard the confidentiality of written communications between a client and its lawyer, provided that such communications are made for the purposes, and in the interest, of the client's rights of defence in proceedings to enforce Articles 101 and 102 TFEU and that they emanate from independent lawyers.
Amendment 118 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
The exercise of the powers referred to in this Directive by national competition authorities shall be consistent with the general principles of Union law and the Charter of Fundamental Rights of the European Union. In particular, Member States shall ensure that the exercise of those powers is subject to appropriate safeguards, including respect of undertakings̕' rights of defence and the right to an effective remedy before a tribunal, in accordance with general principles of Union law and the Charter of Fundamental Rights of the European Union, such as the right to access the file, the right to be heard, the right to an effective remedy before a tribunal and the right to a fair trial.
Amendment 143 #
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 also ensure that NCAs are responsible for the use of their own budgets and for decisions on the qualifications their staff must have. This budgetary autonomy shall be exercised without prejudice to national budgetary rules and procedures.
Amendment 157 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that national administrative competition authorities can conduct all necessary unannounced inspections of undertakings and associations of undertakings for the application of Articles 101 and 102 TFEU in accordance with national law. Member States shall ensure that the officials and other accompanying persons authorised by national competition authorities to conduct an inspection are at minimum empowered:
Amendment 170 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall ensure that national administrative competition authorities may by decision require undertakings and associations of undertakings to provide all necessary information for the application of Articles 101 and 102 TFEU within a specified time limit. This obligation shall cover information which is accessible toin the possession of the undertaking and association of undertakings.
Amendment 186 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Without prejudice to national laws of the Member States which provide for the imposition of sanctions in criminal judicial proceedings, Member States shall ensure that national administrative competition authorities may either impose by decision in administrativeindependent proceedings, or request in non-criminal judicial proceedings the imposition of effective, proportionate and deterrent pecuniary fines on undertakings and associations of undertakings when, either intentionally or negligently, they infringe Articles 101 or 102 TFEU.
Amendment 188 #
Proposal for a directive
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Without prejudice to national laws of the Member States which provide for the imposition of sanctions in criminal judicial proceedings, Member States shall ensure that national administrative competition authorities may either impose by decision in administrativeindependent proceedings, or, request in non-criminal judicial proceedings the imposition of effective, proportionate and deterrent pecuniary fines on undertakings or associations of undertakings which are determined in proportion to their total turnover, where intentionally or negligently:
Amendment 205 #
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 set at a level below 10 % of its total worldwide turnover in the business year preceding the decision.
Amendment 216 #
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 a level below 10 % of the sum of the total worldwide turnover of each member active on the market affected by the infringement of the association. 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 221 #
Proposal for a directive
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. Member States shall ensure that immunity can be granted only if the undertaking
Amendment 223 #
Proposal for a directive
Article 16 – paragraph 2 – point c – point i
Article 16 – paragraph 2 – point c – point i
i. at the time the national competition authority receives the application, enables it to carry out a targeted inspection in connection with the secret cartel, provided that the national competition authority did not yet have in its possession evidence to carry out an inspection in connection with the secret cartel or had not already carried out such an inspection; or
Amendment 238 #
Proposal for a directive
Article 21 – paragraph 7
Article 21 – paragraph 7
7. Member States shall ensure that if the applicant submits the full application in accordance with paragraph 6, within the period specified by the national competition authority, the information contained therein will be deemed to have been submitted at the date and time of the summary application. If the applicant had submitted the summary application no later than 5 working days after filing the leniency application to the Commission, the summary application will be deemed to have been submitted at the date and time of the leniency application submitted to the Commission.
Amendment 257 #
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. Without prejudice to obligations under national law to inform the public prosecutor about possible offences, information collected on the basis of the provisions of this Directive should only be used for the purpose for which it was acquired.
Amendment 267 #
Proposal for a directive
Article 32 a (new)
Article 32 a (new)
Article 32a Review By ... [five years after the entry into force of this Directive] the Commission shall present a report to the European Parliament and the Council on the implementation of this Directive, accompanied, if necessary, by appropriate legislative proposals.