[ParlTrack]

Proposal for a regulation
Recital 10 a (new)

(10a) When conducting investigations, competent authorities must safeguard professional and business confidentiality, in line with Directive (EU) 2016/943 on the protection of know-how against any threats posed by national provisions,

2017/01/16
Committee: IMCO

Lara COMI, Elisabetta GARDINI

Proposal for a regulation
Recital 13

(13) In order to ensure that traders are sufficiently deterred from committing or repeating infringements and that they will not profit from those infringements, the rules on penalties which have been adopted by Member States in accordance with the requirements of Union laws that protect consumers’ interests should also be applied to intra-Union infringements and widespread infringements. ~~For those same reasons, consumers should be entitled to redress for harm caused by such infringements.~~

2017/01/16
Committee: IMCO

Lara COMI, Elisabetta GARDINI

Proposal for a regulation
Recital 14

(14) As regards consumer redress, the competent authorities should choose proportionate, just and reasonable measures that would prevent or reduce the risk of recurrence or repetition of infringements, taking into account in particular the anticipated benefits to consumers and the reasonable administrative costs likely to be associated with the implementation of those measures. Where the consumers concerned cannot be identified, the competent authority may order that the restitution of profits obtained through the infringement be paid to the public purse or to a beneficiary designated by the competent authority or under national legislation,deleted

2017/01/16
Committee: IMCO

Lara COMI, Elisabetta GARDINI

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, including operators’ right to be heard, by means of implementing measures,

2017/01/16
Committee: IMCO

Lara COMI, Elisabetta GARDINI

Proposal for a regulation
Recital 31

(31) For the calculation of compensation for harm to the collective interests of consumers, the rules of Union sectoral for passengers such as Regulation (EC) No 261/2004 of the European Parliament and of the Council61, Regulation (EC) No 1371/2007 of the European Parliament and of the Council62, Regulation (EU) No 1177/2010 of the European Parliament and of the Council63 and Regulation (EU) No 181/2011 of the European Parliament and of the Council64 should apply. Where the sectoral Union legislation does not cover compensation for the harm caused by intra-Union or widespread infringements, the compensation should be established based on applicable national law, _________________ 61Regulation European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights (OJ L 46, 17.2.2004, p. 1). 62 Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on railway passenger rights and obligations (OJ L 315, 3.12.2007, p. 14). 63 Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway (OJ L 334, 17.12.2010, p. 1). 64Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1).deleted (EC) No 261/2004 of the

2017/01/16
Committee: IMCO

Lara COMI, Elisabetta GARDINI

Proposal for a regulation
Article 4 – paragraph 2

2. The limitation period for the imposition of penalties shall begin to run on the day on which the infringement ~~ceas~~was committed.

2017/01/16
Committee: IMCO

Lara COMI, Elisabetta GARDINI

Proposal for a regulation
Article 8 – paragraph 2 – point n

(n) order the trader responsible for the intra-Union infringement or widespread infringement to compensate consumers that have suffered harm as a consequence of the infringement including, among others, monetary compensation, offering consumers the option to terminate the contract or other measures ensuring redress to consumers who have been harmed as a result of the infringement;deleted

2017/01/16
Committee: IMCO

Lara COMI, Elisabetta GARDINI

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, including operators’ right to be heard. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

2017/01/16
Committee: IMCO

Lara COMI, Elisabetta GARDINI

Proposal for a regulation
Article 41 – paragraph 3 – introductory part

3. Notwithstanding paragraph 2, the competent authorities may use and ~~disclos~~communicate the information necessary:

2017/01/16
Committee: IMCO

9 Amendments of Elisabetta GARDINI related to 2016/0148(COD)

ParlTrack - 2011-2024