18 Amendments of Victor NEGRESCU related to 2016/0148(COD)
Amendment 28 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Digital Single Market Strategy adopted by the Commission on 6 May 2015 identified as one of the priorities the need to enhance consumer trust through more rapid, agile and consistent enforcement of consumer rules. The Single Market Strategy adopted by the Commission on 28 October 2015 reiterated that enforcing Union consumer protection legislation should be further strengthened by the Regulation on Consumer Protection Cooperation,
Amendment 30 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In order to ensure legal certainty and the effectiveness of implementing measures relating to cross-border infringements which have ceased, a limitation period should be introduced. This will involve the setting of an unambiguous period of time within which competent authorities, when enforcing the rules governing cross-border infringements, may impose sanctions, order the compensation of consumers or order the restitution of profits obtained as a result of infringements,
Amendment 32 #
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation does not affect the freedom of Member States to choose the enforcement system they deem appropriate. Member States may choose whether the competent authorities exercise those powers directly under their own authority or by application to the competent courts. Where the Member States choose that competent authorities exercise their powers by application to the competent courts, Member States should ensure that those powers can be exercised effectively and in a timely manner and that the cost of exercise of those powers be proportionate and does not hamper the application of this Regulation,
Amendment 34 #
Proposal for a regulation
Recital 9
Recital 9
(9) Competent authorities should be in a position to open investigations on their own initiative if they become aware of intra-Union infringements or widespread infringements by means other than consumer complaints. This is particularly necessary to ensure effective cooperation among competent authorities when addressing widespread infringements,
Amendment 45 #
Proposal for a regulation
Recital 18
Recital 18
(18) Coordinated screening of online e- commerce websites (sweeps) areis another form of enforcement coordination that has proven to be an effective tool against infringements that should be retained and strengthened in the future, including by extending its application to offline sectors,
Amendment 47 #
Proposal for a regulation
Recital 19
Recital 19
(19) WIn the case of widespread infringements with a Union dimension that may cause lharge scale harm to a majority of consumers in the Union. They therefore require a specific Union-level coordination procedure with the Commission as the mandatory coordinator. To ensure that the procedure is launched in a timely, coherent and effective manner and that the conditions are verified in a uniform mannerm to consumers' collective interests in a majority of Member States, the Commission should launch and manage a Union-level coordination procedure. To ensure procedural coherence, the Commission should be in charge of verifying whether the conditions for the launch of the procedure are fulfilled. Evidence and information collected during the commonordinated action should be used seamlessly in national proceedings when required,
Amendment 59 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to intra- Union infringements and widespread infringements defined in points (b) and (c) of Article 3, even if those infringements have ceased before enforcement started or could be completed.
Amendment 60 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 64 #
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) 'widespread infringement with a Union dimension' means a widespread infringement that harmed, harms or is likely to harm consumers' collective interests in a majority of the Member States; (The French version of Article 3 of the Commission proposal contains numbering errors. Points (c) to (k) are, in reality, points (a) to (i).)
Amendment 68 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The competent authorities may investigate infringements referred to in Article 2 and prohibitstop traders from engaging in such infringements in the future. The competent authorities may impose penalties, order that consumers who have been harmed should be compensated, or order the restitution of undue profits for those infringements within five years from the cessation of the infringement.
Amendment 74 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The limitation period for the imposition of penalties, and for payment of compensation and restitution of undue profits, shall begin to run on the day on which the infringement ceased.
Amendment 77 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Any action taken by the competent authority for the purpose of the investigation or enforcement proceedings in respect of the infringement shall suspend the limitation period for the imposition of penalties, and for payment of compensation and restitution of undue profits, until the final decision concerning the matter is adopted. The limitation period for the imposition of penalties, and for payment of compensation and restitution of undue profits, shall be suspended for as long as the decision, order or other action of the competent authority is the subject of proceedings pending before a court.
Amendment 86 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Each competent authority shall have the investigation and enforcement powers and resources necessary for the application of this Regulation and shall exercise them in accordance with this Regulation and national law.
Amendment 88 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Each competent authority shall have at least the following powers and exercise them under the conditions set out in Article 9, for the purpose of performing the tasks assigned to them by this Regulation, to:
Amendment 91 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) require, in accordance with the data protection rules of the European Union, the supply by any natural or legal person, including banks, internet service providers, payment 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 96 #
Proposal for a regulation
Article 8 – paragraph 2 – point g
Article 8 – paragraph 2 – point g
(g) adopt interim measures, where there are no other means available, to prevent the risk of serious and irreparable harm to consumers, in particular the suspension of a website, domain or a similar digital site, service or accountby requiring providers of hosting services to delete content or suspend a website, service or internet account, or requiring that a fully qualified domain name be put on hold for a specified period of time;
Amendment 98 #
Proposal for a regulation
Article 8 – paragraph 2 – point l
Article 8 – paragraph 2 – point l
(l) close down a website, domain or similar digital site, service or account or a part ofservice or internet account or a part of it, delete a fully qualified domain name and allow the competent authority concerned to register it, including by requesting a third party or other public authority to implement such measures;
Amendment 144 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The Commission may adopt implementing acts setting out thelaying down details of the designation and participation of other entities in the alert mechanismconsumer organisations and associations and trader associations in the alert mechanism and the means of notification of any follow-up actions taken in relation to external alerts, or the lack of any action. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).