27 Amendments of Philippe JUVIN related to 2016/0148(COD)
Amendment 212 #
Proposal for a regulation
Recital 12
Recital 12
(12) In the digital environment in particular, the competent authorities should be able to stop infringements quickly and effectively, notably where the trader selling goods or services conceals its identity or relocates within the Union or to a third country to avoid enforcement. In cases where there is a risk of serious and irreparable harm to consumers, the competent authorities should to be able to adopt interim measures to prevent such harm or reduce it, including, where necessary, the suspension of a website, domain or a similar digital site, service or account. FurthermorIn such a case, the competent authorities should also have the power to take down or have a third party service provider take down a website, domain or a similar digital site, service or account,
Amendment 218 #
Proposal for a regulation
Recital 13
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 penaltiesanctions 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.,
Amendment 231 #
Proposal for a regulation
Recital 20
Recital 20
(20) In the context of widespread infringements and widespread infringement with a Union dimension, the rights of defence of the traders concerned should be respected. TWhile this requires, in particular, giving the trader the right to be heard and to use the language of its choice during the proceedings, it is also essential to ensure compliance with Union legislation on the protection of undisclosed know-how and business information,
Amendment 239 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure uniform conditions for the implementation and exercise of the minimum powers of competent authorities, set time limits and set out other necessary details of procedures intended, in accordance with this Regulation, to address intra-Union infringements, widespread infringements and details of the surveillance mechanism and administrative cooperation among competent authorities, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council60 , _________________ 60 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2. 2011, p. 13-18).
Amendment 248 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. This Regulation shall be without prejudice to the application in the Member States of measures relating to judicial cooperation in criminal and civil matters, in particular the operation of the European Judicial Network, and to the application of legal instruments regarding judicial cooperation in criminal matters.
Amendment 330 #
Proposal for a regulation
Article 8 – paragraph 2 – point m
Article 8 – paragraph 2 – point m
(m) impose penaltiesanctions, including fines and penalty payments, for intra-Union infringements, widespread infringements and widespread infringements with a Union dimension, and for the failure to comply with any decision, order, interim measure, commitment or other measure adopted pursuant to this Regulation;
Amendment 348 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Where in accordance with national law prior authorisation to enter premises of natural and legal persons as referred to in point (d) of paragraph 2 is needed from the judicial authority of the Member State concerned, the power referred to in that point shall be exercised only after such prior authorisation has been obtained.
Amendment 355 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. The competent authorities shall exercise the powers set out in Article 8 in a proportionate, efficient and effective manner and in accordance with this Regulation, Union and national law either:
Amendment 369 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 377 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 385 #
Proposal for a regulation
Article 12 – paragraph 3 – point c
Article 12 – paragraph 3 – point c
(c) which penaltiesanctions have been imposed;
Amendment 386 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The requested authority shall reply to the request using the procedures for requests for enforcement measures and within the time limits set out by the Commission in the implementing actappropriate time limits.
Amendment 387 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 393 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 403 #
Proposal for a regulation
Article 15 – paragraph 2 – point c – paragraph 2
Article 15 – paragraph 2 – point c – paragraph 2
A request for enforcement measures cannot be refused on the ground that insufficient information has been provided if a request for information on the same intra-Union infringement was refused on the grounds that criminal investigations or judicial or administrative proceedings have already been initiated or final judgment has already been given in respect of the same intra- Union infringement and against the same trader, as referred to in paragraph (1)(c).
Amendment 406 #
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
Amendment 415 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The competent authorities concerned may invite the Commission to take up the coordination role. The Commission shall inform the competent authorities concerned without delay whether it accepts the coordination role. If, however, that request is made by a majority of Members States accounting together for at least a majority of the population of the Union, the Commission shall not refuse the coordination role.
Amendment 421 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The competent authorities concerned shall ensure that the necessary evidence, data and information are gathered effectively and efficiently. The competent authorities concerned shall ensure that investigations and inspections are conducted simultaneously and that interim measures are applied simultaneously to the extent that national procedural law so allows.
Amendment 437 #
Proposal for a regulation
Article 20
Article 20
Amendment 444 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where there is a reasonable suspicion that a widespread infringement harmed, harms or is likely to harm consumers in at least three quarters ohalf the Member States accounting together for at least three quarters ohalf the population of the Union ("widespread infringement with a Union dimension"), the Commission shall launch a common action. For that purpose the Commission may request the necessary information or documents from the competent authorities.
Amendment 453 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
Amendment 463 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 485 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
Amendment 489 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 498 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 502 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 527 #
Proposal for a regulation
Article 47 – paragraph 1 a (new)
Article 47 – paragraph 1 a (new)
1a. Those penalties shall be effective, proportionate and dissuasive.