Amendment

(-1)  The Union’s consumer protection policy is governed by point (f) of Article 4(2), Article 12, Article 114(3) and Article 169 of the Treaty on the Functioning of the European Union (TFEU) and Article 38 of the Charter of Fundamental Rights of the European Union.

Amendment

(-1a)  Article 169 TFEU states that the Union’s consumer protection policy is to promote the interests of consumers and to ensure a high level of consumer protection. In order to do so, the Union is to contribute to protecting the health, safety and economic interests of consumers, as well as to promoting their right to information, education and to organise themselves in order to safeguard their interests.

Amendment

(-1b)  Article 197 TFEU on administrative cooperation recognises that effective implementation of Union law by the Member States is essential for the proper functioning of the Union and fixes the limits within which the Union and Member States are to act in this regard.

Amendment

(1)  Regulation (EC) No 2006/2004 of the European Parliament and of the Council58 provides for harmonised rules and procedures to facilitate cooperation between national authorities responsible for the enforcement of cross-border consumer protection laws. Article 21a of Regulation (EC) No 2006/2004 provides for a review of the effectiveness and operational mechanisms of that Regulation and pursuant to that Article, the Commission concluded that Regulation (EC) No 2006/2004 is not sufficient to effectively address the enforcement challenges of the Single Market, including the Digital Single Market.

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58 Regulation (EC) 2006/2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (OJ L 364, 9.12.2004, p. 1).

Amendment

(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 and consistent enforcement of consumer laws. The Single Market Strategy adopted by the Commission on 28 October 2015 reiterated that enforcing Union laws that protect consumers' interests should be further strengthened by the reform of Regulation (EC) No 2006/2004.

Amendment

(3)  The ineffective enforcement of the laws to prevent cross-border infringements, including in the digital environment, enables traders to relocate within the Union, giving rise to a distortion of competition for law-abiding traders operating (whether online or offline) either domestically or cross-border, thereby directly and significantly harming the single market and consumers and undermining consumer confidence in cross-border transactions and the Single Market. An increased level of harmonisation that ensures effective and efficient cooperation among competent public enforcement authorities is therefore necessary in order to detect, investigate, order and enforce the cessation of infringements.

Amendment

(4)  Regulation (EC) No 2006/2004 established a network of competent public authorities throughout the Union. Effective coordination among different competent authorities participating in the network, as well as other public authorities at the level of Member States, is necessary. The coordination role of the single liaison office should be entrusted in each Member State to a public authority that has sufficient powers and necessary resources to undertake that key role.

Amendment

(5)  Consumers should also be protected against infringements that only last for a short period of time but the harmful effects of which may continue long after the infringement has stopped. Competent authorities should have the necessary powers to investigate and order a cessation of such infringements, so as to ensure consumer protection.

Amendment

(5a)  In order to ensure legal certainty and the efficiency of enforcement actions against ceased infringements in a cross-border context, and to prevent differential treatment both for consumers and traders in the Single Market, the introduction of a limitation period is needed. 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

(6)  Competent authorities should have a consistent set of powers of investigation and enforcement, in order to apply this Regulation, cooperate with each other more quickly and more efficiently and deter traders from committing infringements. Those powers should be sufficient to effectively tackle the enforcement challenges of e-commerce and the digital environment and to prevent non-compliant traders from exploiting gaps in the enforcement system by relocating to Member States whose competent authorities are not equipped to tackle unlawful practices. Those powers should ensure that information and evidence can be validly exchanged among competent authorities to achieve effective enforcement at an equal level in all Member States.

Amendment

(7)  This Regulation should not affect the freedom of the Member States to choose the enforcement system they deem appropriate. Member States should be able to choose to determine the most adequate distribution of powers among national competent authorities, provided that every power can be used effectively to address any infringement. Member States should also be able to choose whether the competent authorities exercise those powers directly under their own authority or with the assistance of other public authorities or under the supervision of the judicial authorities 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 exercising those powers is proportionate and does not hamper the application of this Regulation. Member States may also decide, in accordance with this Regulation, to assign certain tasks under this Regulation to designated bodies.

Amendment

(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.

Amendment

(10)  Competent authorities should have access to all necessary evidence, data and information relating to the subject matter of an investigation in order to determine whether an infringement has occurred, and in particular to identify the trader responsible, irrespective of who possesses the evidence, information or data in question and regardless of where it is located and of its format. Competent authorities should be able to directly request that third parties in the digital value chain provide all the evidence, data and information necessary, on condition that they consistently respect the principles of personal data protection.

Amendment

(10a)  Competent authorities should be able to carry out the necessary on-site inspections, and should have the power to enter any premises, land or means of transport, that the trader uses for purposes relating to his trade, business, craft or profession.

Amendment

(10b)  Competent authorities should be able to request any representative or member of the staff of the trader concerned to give explanations or provide facts, information or documents relating to the subject matter of the inspection, and to record the answers given by that representative or staff member.

Amendment

(11)  Competent authorities should be able to verify compliance with Union laws that protect consumers' interests and to obtain evidence of infringements before, during or after the purchase of goods and services. They should therefore have the power to make test purchases and, where the evidence cannot be obtained by other means, to purchase goods or services under a cover identity.

Amendment

(12)  In the digital environment in particular, the competent authorities should be able to stop infringements quickly and effectively, in particular where the trader selling goods or services conceals his 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, where there are no other means available, to prevent or mitigate such harm, in particular requiring hosting service providers to remove content or to suspend a website, service or account, or requiring domain registries and registrars to put a fully qualified domain name on hold for a specific period of time. Furthermore, if the interim measures have been unsuccessful, and only as a last resort, the competent authorities should also have the power to order a hosting service provider to remove content or close down a website, service or account or a part of it, or to order a registries or registrars to delete a fully qualified domain name and allow the competent authority concerned to register it. Taking into account their potential impact on fundamental rights, those powers should be exercised in line with the Charter of Fundamental Rights of the European Union and after receiving judicial authorisation.

Amendment

(13)  In order to ensure that traders are sufficiently deterred from committing or repeating infringements and that they will not profit from such infringements, the rules on sanctions which have been adopted by Member States in accordance with the requirements of Union laws that protect consumers' interests should also be observed and applied to infringements, taking also into account the overall harm resulting from the infringement.

Amendment

(14)  As regards consumer redress, the competent authorities should choose effective measures that will prevent or reduce the risk of recurrence or repetition of infringements. Consumers should be entitled to redress for harm caused by infringements. The power to order the compensation of consumers or to the restitution of profits is essential in order to remove the harm caused by a cross-border infringement, and to restore the level playing field in the single market that has been distorted through the collection of profits obtained as a result of infringements.

Amendment

(15)  The effectiveness and efficacy of the mutual assistance mechanism should be improved. Information requested should be provided within the time limits laid down by this Regulation and the necessary enforcement measures should be adopted in a timely manner.

Amendment

(16)  The Commission should be better able to coordinate and monitor the functioning of the mutual assistance mechanism, issue guidance, make recommendations and issue opinions to the Member States when problems arise. The Commission should also be better able to effectively and quickly assist competent authorities to resolve disputes over the interpretation of their obligations stemming from the mutual assistance mechanism.

Amendment

(17)  This Regulation should lay down harmonised rules setting out the procedure for the coordination of the investigation of widespread infringements and widespread infringements with a Union dimension and enforcement of the rules governing such infringements. Coordinated actions against widespread infringements and widespread infringements with a Union dimension should ensure that competent authorities may choose the most appropriate and efficient tools to stop widespread infringements and widespread infringements with a Union dimension and to ensure consumer compensation.

Amendment

(18)  Coordinated screening of online e-commerce websites (sweeps) is another form of enforcement coordination that has proven to be an effective tool against infringements which should be retained and strengthened in the future, including by extending its application to offline sectors.

Amendment

(19)  In the case of widespread infringements with a Union dimension that may cause harm to consumers' collective interests in a majority of Member States, the Commission should launch and coordinate 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 coordinated action should be used in national proceedings when required.

Amendment

(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. This requires, in particular, giving the trader the right to be heard and to use the language of the Member State of his establishment or residence. It is also essential to ensure compliance with Union legislation on the protection of undisclosed know-how and business information.

Amendment

(21)  If a trader responsible for a widespread infringement or a widespread infringement with a Union dimension fails to cease that infringement voluntarily, the competent authorities of the Member States concerned should designate one competent authority in a Member State to take the enforcement action adapted to preserve the rights of consumers residing in the other Member States concerned by that infringement. The decision concerning the competent authority to be designated should take into account all relevant aspects for effective enforcement, such as its capacity to take effective action against the trader. The designated competent authority should act as if the consumers in the other Member States were its own consumers. Where necessary, several or all the Member States concerned by the infringement should adopt simultaneous enforcement measures to protect their own consumers or consumers residing in other Member States. This may be needed, for instance, to stop infringements of a similar nature by subsidiaries of a company established in more than one Member State which affect the consumers in those Member States only, without an apparent cross-border element (parallel infringements).

Amendment

(22a)  In order to enhance the transparency of the cooperation network, and to raise awareness amongst consumers and the public in general, the Commission should submit biannual reports to the European Parliament and the Council containing an overview of the information, statistics and developments in the area of consumer law enforcement, collected within the framework of the cooperation provided for by this Regulation.

Amendment

(23)  Consumer organisations play an essential role in informing consumers about their rights and educating them and protecting their interests, including the settlement of disputes. Consumer organisations and European Consumer Centres should be in a position to notify competent authorities of suspected infringements and share with them information needed to detect, investigate and stop infringements.

Amendment

(23a)  Entities with appropriate expertise and a legitimate interest in consumer protection, in particular consumer organisations, should be allowed to participate in the alert mechanism provided for by this Regulation. Participation of trader associations in the alert mechanism should be also allowed to notify competent authorities of suspected infringements and share with them information needed to detect, investigate and stop infringements, to give their opinion about investigations or infringements and to notify competent authorities of abuse of Union laws that protect consumers' interests. Although competent authorities should not be bound to initiate a procedure or to take any other action in response to alerts and information provided by such entities, they should, in order to enhance transparency, notify the entity that made the external alert of any follow-up actions taken by the competent authority concerned in relation to the alerts, or, upon request, of the lack of any action.

Amendment

(24)  Infringements which are widespread throughout the Union should be effectively and efficiently resolved. To that end, enforcement prioritisation and planning at the Member State level should be coordinated and the available resources of competent authorities should be pooled. A system of biannual enforcement plans should be put in place to achieve this.

Amendment

(25)  Data related to consumer complaints may help policymakers at national and Union level to assess the functioning of consumer markets and to detect infringements. The exchange of such data at Union level and coordination between the Member States and the Commission of activities contributing to surveillance and enforcement should be promoted.

Amendment

(26)  Enforcement challenges go beyond the frontiers of the Union. The interests of European consumers should be protected against rogue traders based in third countries. International agreements with third countries regarding mutual assistance in the enforcement of legislation that protects consumers' interests should be negotiated. Those international agreements should include the subject matter laid down in this Regulation and should be negotiated at Union level in order to ensure the optimum protection of Union consumers and smooth cooperation with third countries.

Amendment

(27)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission, to lay down the standard forms and steps of the procedure under the mutual assistance mechanism; lay down time limits and standard forms for notifications and other exchanges of information and enforcement requests for coordinated actions in relation to widespread infringements and widespread infringements with a Union dimension; set out the details of the procedure for sweeps; lay down standard forms for submitting an alert and an external alert via the database; and lay down standard electronic forms and templates available in the database for the discussion forum. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council60.

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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).

Amendment

(28)  The examination procedure should be used for the adoption of the implementing acts referred to in Articles 15a, 20, 32, 34, 35 and 43 of this Regulation, given that those acts are of general scope.

Amendment

(34)  This Regulation is without prejudice to sanctions laid down in sectoral Union legislation and Union consumer legislation and applied to national infringements. The competent authorities should, as appropriate, apply the provisions of national law implementing those provisions, taking into account the actual scale and scope of the infringement concerned and the harm caused by the infringement to consumers in other Member States.

Amendment

(34a)  This Regulation should be implemented and applied in full compliance with the Union rules on the protection of individuals with regard to the processing of personal data and any applicable national law in accordance with Union law concerning data protection.

Amendment

(35)  This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. Accordingly, this Regulation should be interpreted and applied with respect to those rights and principles. When exercising the powers set out in this Regulation, the competent authorities should strike an appropriate balance between the interests protected by fundamental rights, such as a high level of consumer protection, the freedom to conduct business, freedom of expression and freedom of information.

Amendment

This Regulation lays down the conditions under which the competent authorities in the Member States designated as responsible for the enforcement of Union laws that protect consumers' interests cooperate with each other and with the Commission in order to ensure compliance with those laws and the smooth functioning of the internal market and in order to enhance the protection of consumers' economic interests.

Amendment

1.  This Regulation applies to intra-Union infringements, widespread infringements and widespread infringements with a Union dimension as respectively defined in points (b), (c) and (ca) of Article 3, even where those infringements have ceased before an enforcement procedure started or could be completed.

Amendment

deleted

Amendment

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

6.  This Regulation shall be without prejudice to the role and powers of competent authorities and European Banking Authority under Directive 2014/17/EU of the European Parliament and of the Council1a and Directive 2014/92/EU of the European Parliament and of the Council1b. Chapter III of this Regulation shall not apply to intra-Union infringements of the two Directives referred to in the first subparagraph.

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1a Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34).

1b Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214).

Amendment

deleted

Amendment

8a.  This Regulation shall be without prejudice to the possibility of bringing private enforcement actions and actions for damages under national law.

Amendment

(a)  ‘Union laws that protect consumers' interests’ means the Directives as transposed into the internal legal order of the Member States and the Regulations listed in the Annex hereto;

Amendment

(b)  ‘intra-Union infringement’ means any act or omission contrary to Union laws that protect consumers' interests that harmed, harms, or is likely to harm the collective interests of consumers residing in a Member State other than the Member State where the act or omission originated or took place, or where the trader responsible for the act or omission is established, or where evidence or assets of the trader pertaining to the act or omission are to be found;

Amendment

(1)  any act or omission contrary to Union laws that protect consumers' interests that harmed, harms, or is likely to harm the collective interests of consumers residing in at least two Member States other than the Member State where the act or omission originated or took place, or where the trader responsible for the act or omission is established, or where evidence or assets pertaining to the act or omission are to be found; irrespective of whether the act or omission is ongoing or has ceased; or

Amendment

(2)  any acts or omissions contrary to Union laws that protect consumers interests that harmed, harm, or are likely to harm consumers' collective interests and that have common features, such as the same unlawful practice or the same interest being infringed, or that are occurring concurrently, in at least two Member States;

Amendment

(ca)  'widespread infringement with a Union dimension' means a widespread infringement that harmed, harms or is likely to harm consumer's collective interests in a majority of Member States accounting together for at least a majority of the population of the Union;

Amendment

(cb)  'competent authority' means any public authority established at national, regional or local level with specific responsibilities to enforce Union laws that protect consumers' interests;

Amendment

(cc)  'single liaison office' means the public authority in each Member State designated as responsible for coordinating the application of this Regulation within that Member State;

Amendment

(cd)  'designated body' means a body that a Member State can designate and which has a legitimate interest in the cessation or prohibition of infringements of Union laws that protect consumers' interests;

Amendment

(fa)  'consumer' means any natural person who is acting for purposes which are outside his trade, business, craft or profession;

Amendment

(i)  ‘harm to collective interests of consumers’ means actual or potential harm to the interests of a number of consumers that are concerned by intra-Union infringements, widespread infringements or widespread infringements with a Union dimension;

Amendment

(ia)  'risk of serious and irreparable harm to consumers' means the risk of a situation likely to cause serious damage which can no longer be remedied;

Amendment

(ib)  'sweeps' means a concerted investigation of consumer markets through simultaneous coordinated control actions to identify infringements of Union laws that protect consumers' interests.

Amendment

Article 4

Limitation period for imposing sanctions, for ordering that consumers be compensated and for ordering the restitution of profits obtained as a result of infringements

1.  The competent authorities may investigate infringements referred to in Article 2(1) and prevent traders from engaging in such infringements in the future. The competent authorities may exercise the following powers within five years from the cessation of the infringement:

(a)  the power to impose sanctions, as provided for in point (m) of Article 8(2);

(b)  the power to order the trader responsible for the infringement to compensate consumers that have suffered harm as a consequence of that infringement, as provided for in point (n) of Article 8(2); and

(c)  the power to order the restitution of profits obtained as a result of infringements, as provided for in point (o) of Article 8(2).

The competent authorities may, where necessary, exercise those powers based upon evidence that is outside of the limitation period referred to in the second subparagraph.

2.  The limitation period for exercising the powers referred to in paragraph 1 shall begin to run on the day on which the infringement ceased.

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 exercising the powers referred to in paragraph 1 until the final decision concerning the matter is adopted. That limitation period 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

Article 5

Competent authorities and single liaison offices

1.  Each Member State shall designate the competent authorities and a single liaison office that are responsible for the application of this Regulation.

2.  Competent authorities shall fulfil their obligations under this Regulation as though acting on behalf of consumers in their own Member State and on their own account.

4.  The single liaison office shall be responsible for coordinating, as between the competent authorities, other public authorities as referred to in Article 6, designated bodies and entities participating in the alert mechanism as referred to in Article 35, investigation and enforcement activities relating to intra-Union infringements, widespread infringements and widespread infringements with a Union dimension.

5.  Member States shall ensure that competent authorities and single liaison offices have the necessary resources for the application of this Regulation, including budgetary and other resources, expertise, procedures and other arrangements.

6.  Where there is more than one competent authority on their territory, Member States shall ensure that their respective duties are clearly defined and that those authorities collaborate closely so that they can discharge their respective duties effectively.

Amendment

4.  Each Member State may impose an obligation on designated bodies to gather the necessary information and to take the necessary enforcement measures available to them under national law on behalf of a requested competent authority.

Amendment

5.  Member States shall ensure cooperation between the competent authorities and designated bodies, in particular to ensure that infringements referred to in Article 2(1) are brought to the attention of competent authorities without delay.

Amendment

1.  Each Member State shall communicate without delay to the Commission:

Amendment

(a)  the identities and contact details of the competent authorities, of the single liaison office, of the designated bodies and of the entities participating in the alert mechanism as referred to in Article 35;

Amendment

(b)  information about the organisation, powers and responsibilities of the competent authorities; and

Amendment

(c)  any changes to the information mentioned in points (a) and (b).

Amendment

2.  The Commission shall maintain and update on its website the information referred to in paragraph 1 and make it publicly available.

Amendment

Article 8

Powers of competent authorities

1.  Each Member State shall confer on their competent authorities the investigation and enforcement powers and shall provide them with the resources necessary for the application of this Regulation.

1a.  Notwithstanding paragraph 1, Member States may decide not to confer all the powers to each competent authority provided that every power can be effectively exercised.

2.  In order to carry out the duties assigned to them by this Regulation, the competent authorities in each Member State shall have at least the following powers and shall exercise them under the conditions set out in Article 9:

(a)  the power to have access to any relevant document, data or information related to an infringement under this Regulation, in any form or format and irrespective of the medium on which or the place where they are stored;

(b)  the power to require the supply by any natural or legal person, including banks, payment service providers, internet service providers, domain registries and registrars and hosting service providers of any relevant information, data or document in the format or form in which it is stored, and irrespective of the medium on which or the place of storage, where they are stored, for the purpose of 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 when the information, data or document in question is related to the subject matter of an investigation;

(c)  the power to require any public authority, body or agency within the Member State of the competent authority to supply 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 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 when the information, data or document in question is related to the subject matter of an investigation;

(d)  the power to carry out the necessary on-site inspections, including the power to enter any premises, land or means of transport that the trader uses for purposes related to his trade, business, craft or profession, or to request other authorities to do so in order to examine, seize, take or obtain copies of information, data or documents, irrespective of the medium on which they are stored; to seal any premises or information, data or documents for a necessary period and to the extent necessary for the inspection;

(da)  the power to request any representative or member of the staff of the trader concerned to give explanations or provide facts, information or documents relating to the subject matter of the inspection and record the answers;

(e)  the power to purchase goods or services as test purchases, including under a cover identity, to inspect them and to reverse engineer them in order to detect infringements under this Regulation and obtain evidence; depending on the nature of their intended use, samples which cannot be returned to the trader in their original condition shall be bought;

(g)  the power to adopt interim measures, where there are no other means available to prevent the risk of serious and irreparable harm to collective interests of consumers, in particular requiring hosting service providers to remove content or to suspend a website, service or account, or requiring domain registries and registrars to put a fully qualified domain name on hold for a specified period of time;

(h)  the power to start investigations or procedures to bring about the cessation of intra-Union infringements, widespread infringements or widespread infringements with a Union dimension of its own initiative and where appropriate to publish information about this;

(i)  the power to seek to obtain and/or accept a commitment from the trader responsible for the intra-Union infringement, widespread infringement or widespread infringements with a Union dimension to cease the infringement and where appropriate to compensate consumers for the harm caused;

(k)  the power to bring about the cessation or the prohibition of the infringement;

(l)  the power, in the absence of an effective reaction within a reasonable time by the trader to a written request by the competent authority for the cessation or prohibition of an infringement, to order a hosting service provider to remove content or close down a website, service or account or a part of it, or to order a domain registries or registrars to 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, in order to prevent the risk of serious and irreparable harm to the collective interests of consumers;

(m)  the power to impose sanctions, including fines and penalty payments, for intra-Union infringements, widespread infringements and widespread infringements with a Union dimension and for failure to comply with any decision, order, interim measure, commitment or other measure adopted pursuant to this Regulation;

(n)   the power to order the trader responsible for the intra-Union infringement, widespread infringement or widespread infringement with a Union dimension to compensate consumers that have suffered harm as a consequence of that infringement including, inter alia, 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;

(o)  the power to order the restitution of profits obtained as a result of infringements;

(p)  the power to publish any final decisions, final measures, trader's commitments or orders adopted pursuant to this Regulation, including the publication of the identity of the trader responsible for the intra-Union infringement, widespread infringement or widespread infringement with a Union dimension;

(q)  the power to consult consumers, consumer organisations, trader organisations, designated bodies, where applicable, and other persons concerned about the effectiveness of the proposed commitments in ceasing the infringement and removing the harm caused by it.

Amendment

Article 9

Exercise of powers by competent authorities

1.  The competent authorities shall exercise the powers set out in Article 8:

(a)  directly under their own authority;

(aa)  with the assistance of other public authorities or under the supervision of the judicial authorities, where appropriate;

(ab)  by instructing designated bodies, where relevant; or

(b)   by application to courts competent to grant the necessary decision, including, where appropriate, by appeal, if the application to grant the necessary decision is not successful.

1a.   The competent authorities shall in any case exercise the powers set out in points (d), (g) and (l) of Article 8(2) in accordance with point (b) of paragraph 1 of this Article.

2.  Insofar as competent authorities exercise their powers by application to courts, those courts shall have the power to grant the necessary decisions.

2a.  The competent authorities shall exercise powers set out in Article 8 proportionately, efficiently and effectively in accordance with Union law, including the principles of the Charter of Fundamental Rights of the European Union, applicable procedural safeguards and the Union rules on data protection, and national law.

2b.  Investigation and enforcement measures adopted in application of this Regulation shall adequately reflect the nature of the infringement and the overall actual or potential harm caused by it.

2c.  When a decision is being made whether to impose a sanction and on the amount of the fine to be imposed in each individual case, due regard shall be given to the following:

(a)   the nature, gravity and duration of the infringement, taking into account the number of consumers affected and the level of damage suffered by them;

(b)   the intentional or negligent character of the infringement;

(c)   any action taken by the trader to mitigate the damage suffered by consumers;

(d)   any relevant previous infringements committed by the trader;

(e)   the degree to which the trader has cooperated with the competent authority in order to remedy the infringement and to mitigate the possible adverse thereof.

3.  The Member States shall ensure that the court fees and other costs linked to the adoption of the court decisions in the proceedings initiated in application of this Regulation are proportionate and do not hamper the application of this Regulation.

Amendment

deleted

Amendment

Article 11

Requests for information

1.  A requested authority shall, on request from an applicant authority, supply to the applicant authority without delay, and in any event within 30 days, any relevant information required to establish whether an intra-Union infringement has occurred and to bring about the cessation of that infringement. The requested authority shall notify the Commission without delay of the request for information and of its reply.

2.  The requested authority shall undertake the appropriate investigations or take any other necessary or appropriate measures in order to gather the required information. If necessary, those investigations shall be carried out with the assistance of other public authorities or designated bodies.

3.  On request from the applicant authority, the requested authority may allow competent officials of the applicant authority to accompany the officials of the requested authority in the course of their investigations.

Amendment

Article 12

Requests for enforcement measures

1.  A requested authority shall, without undue delay, on request from an applicant authority, take all necessary enforcement measures to bring about the cessation of the intra-Union infringement by exercising the powers set out in Article 8 and any additional powers granted to it under national law, including imposing sanctions and ordering or facilitating the compensation of consumers for harm caused by that infringement.

3.  The requested authority shall regularly inform the applicant authority about the steps and measures taken and shall consult the applicant authority about the steps and measures that the requested authority intends to take. The requested authority shall notify through the database, provided for in Article 43, of the measures taken and the effect thereof on the intra-Union infringement, including the following:

(a)  whether interim measures have been imposed;

(b)  whether the infringement has ceased;

(c)  which measures, including sanctions, have been imposed and whether those measures have been implemented;

(d)  to what extent consumers have been compensated.

Amendment

deleted

Amendment

1.  In requests for mutual assistance, the applicant authority shall provide necessary information to enable a requested authority to fulfil the request, including any necessary evidence obtainable only in the Member State of the applicant authority.

Amendment

Article 15

Refusal to comply with a request for mutual assistance

1.  A requested authority may refuse to comply with a request for information under Article 11 if one or more of the following applies:

(a)  following consultation with the applicant authority, the requested authority provides justified reasons showing that the information requested is not needed by the applicant authority in order to establish whether an intra-Union infringement has occurred or to establish whether there is a reasonable suspicion that it may occur;

b)  the applicant authority does not agree that the information is subject to the provisions on confidentiality and professional and commercial secrecy set out in Article 41;

(c)  criminal investigations or judicial proceedings have already been initiated in respect of the same intra-Union infringement and against the same trader before the judicial authorities in the Member State of the requested or applicant authority.

2.  A requested authority may refuse to comply with a request for enforcement measures under Article 12 following a consultation with the applicant authority, if one or more of the following applies:  

(a)  criminal investigations or judicial proceedings have already been initiated or there is a final administrative decision, a final judgment or a court settlement in respect of the same intra-Union infringement and against the same trader before the judicial authorities in the Member State of the requested or applicant authority;

(b)   in its opinion, following appropriate investigation no intra-Union infringement has occurred;

(c)   in its opinion, the applicant authority has not provided necessary information in accordance with Article 14(1),

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 previously refused on the grounds referred to in point (c) of paragraph 1.

3.   The requested authority shall inform the applicant authority and the Commission of the refusal to comply with a request for mutual assistance and provide grounds for the refusal.

4.  In the event of a disagreement between the applicant authority and the requested authority, the applicant authority or the requested authority may refer the matter to the Commission which shall without delay issue an opinion. Where the matter is not referred to it, the Commission may of its own motion issue an opinion. For the purpose of issuing an opinion, the Commission may ask for relevant information and documents exchanged between the applicant authority and the requested authority.

5.  The Commission shall monitor the functioning of the mutual assistance mechanism and the compliance of competent authorities with the procedures and the time limits for handling mutual assistance requests. The Commission shall have access to the mutual assistance requests.

6.  Where appropriate, the Commission may issue guidance and provide advice to the Member States to ensure the effective and efficient functioning of the mutual assistance mechanism.

Amendment

Article 15a

Implementing acts

The Commission shall adopt implementing acts laying down the standard forms and steps of the procedure referred to in Articles 11, 12 and 15. Those implementing act shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Amendment

COORDINATED INVESTIGATION AND ENFORCEMENT MECHANISM FOR WIDESPREAD INFRINGEMENTS AND WIDESPREAD INFRINGEMENTS WITH A UNION DIMENSION

Amendment

Widespread infringements and widespread infringements with a Union dimension

Amendment

Article 16

Launching of coordinated actions and designation of the coordinator

1.  Where a competent authority or the Commission has a reasonable suspicion that a widespread infringement is taking place, it shall notify the competent authorities of the Member States concerned by that infringement and the Commission, as applicable, without delay.

3.  After receiving the notification as referred to in paragraph 1, in the case of a widespread infringement, the competent authorities concerned by it shall, acting by consensus, decide whether to launch a coordinated action. The notifying competent authority shall coordinate the action unless the competent authorities concerned by the widespread infringement agree that another competent authority or the Commission is to do so.

5.  When it is the Commission that notifies the competent authorities pursuant to paragraph 1, it may propose to take up the coordination role. The competent authorities concerned shall inform the Commission without delay whether they agree to the Commission coordinating the action, or whether they agree on a competent authority that is to coordinate the action.

6.  Where the Commission declines to take up the coordination role or where the competent authorities concerned do not accept that the Commission coordinates the action, the competent authorities concerned shall designate a competent authority that shall coordinate the action. Where no agreement among competent authorities is reached, the competent authority that first notified the suspected infringement to the other competent authorities shall coordinate the action.

6a.  After giving or receiving the notification referred to in paragraph 1, the Commission together with the single liaison offices of the Member States concerned shall verify the preliminary evidence regarding the existence of the widespread infringement. When the threshold for a widespread infringement with a Union dimension is met, the Commission shall launch a coordinated action. The Commission shall notify its decision to launch the coordinated action to the single liaison offices of the Member States concerned by that action. The Commission shall coordinate the action.

Amendment

Article 16a

Participation in coordinated actions

1.   A competent authority may decline to take part in a coordinated action for any of the following reasons:

(a)   a criminal investigation or judicial proceedings have already been initiated in respect of the same widespread infringement or the widespread infringement with a Union dimension and against the same trader in the Member State concerned;

(b)   a final administrative decision, a final judgment or a court settlement has already been arrived at in respect of the same widespread infringement or the widespread infringement with a Union dimension and against the same trader in the Member State concerned;

(c)   the relevant widespread infringement or the widespread infringement with a Union dimension has not occurred in the Member State concerned.

2.   Following the decision to launch a coordinated action pursuant to Article 16, where a competent authority decides not to take part in the coordinated action, it shall without delay inform the Commission and the other competent authorities and single liaison offices concerned about its decision, state the reasons for it and provide the necessary supporting documents.

3.   A competent authority may join a coordinated action if it becomes apparent during the coordinated action that it is concerned by the widespread infringement or the widespread infringement with a Union dimension that is the subject of the coordinated action.

Amendment

Article 17

Investigation measures in coordinated actions

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.

2.  The competent authorities concerned may use the mutual assistance mechanism pursuant to Chapter III, in particular to gather evidence and information from Member States other than the Member States concerned by the coordinated action or to ensure that the trader concerned does not circumvent enforcement measures.

3.  The competent authorities concerned shall set out the outcome of the investigation and the assessment of the widespread infringement or, where applicable, the widespread infringement with a Union dimension, in a common position agreed upon among themselves.

3a.  Unless otherwise agreed between the competent authorities concerned, the coordinator shall communicate the common position to the trader responsible for the infringement, who shall be given the opportunity to be heard on the matters forming part of the common position.

4.  Without prejudice to the rules on professional and commercial secrecy set out in Article 41, the competent authorities concerned shall publish the common position or parts of it on their websites and on the Commission website and may seek the views of consumer organisations, trader organisations and other parties concerned.

Amendment

Article 18

Commitments in coordinated actions

1.  On the basis of a common position adopted pursuant to Article 17, the competent authorities concerned may invite the trader responsible for the widespread infringement or the widespread infringement with a Union dimension to propose commitments to cease the infringement and where appropriate to compensate, or take other measures facilitating compensation of, consumers that have suffered harm. The trader may also, on his own initiative, propose commitments to cease the infringement and to compensate such consumers.

2.  Where the trader proposes commitments, the competent authorities concerned, may, where appropriate, publish the proposed commitments on their websites or, as appropriate, on the Commission website to seek the views of other parties concerned, including consumer organisations and trader organisations.

2a.  The competent authorities concerned shall assess the proposed commitments by the trader responsible for the infringement and communicate to the trader the outcome of the assessment agreed upon among themselves. Where those commitments are considered to be sufficient to ensure the cessation of the widespread infringement or widespread infringement with a Union dimension and, where appropriate, the compensation of consumers harmed by it, the competent authorities shall accept those commitments and set a time limit for implementation of the commitments.

Where it is unlikely that the widespread infringement or widespread infringement with a Union dimension will cease as a result of commitments made by the trader responsible for that infringement, the competent authorities may take enforcement measures pursuant to Article 18a.

2b.  The competent authorities concerned shall monitor the implementation of the commitments. They shall in particular ensure that the trader responsible for the infringement regularly reports to the coordinator about the progress of the implementation of the commitments.

Amendment

Article 18a

Enforcement measures in coordinated actions

1.   The competent authorities concerned shall agree which competent authority, or, where necessary, competent authorities, is to take, on behalf of the other competent authorities, enforcement measures, including the imposition on the trader of sanctions and of an order requiring him to pay compensation to the consumers harmed by it, where:

(a)   it is unlikely that the infringement will cease as a result of the commitments proposed by the trader responsible for the infringement;

(b)   the trader responsible for the infringement does not propose commitments before the expiry of a time limit set by the competent authorities concerned;

(c)   the trader responsible for the infringement proposes commitments which are insufficient to ensure the cessation of the infringement and the compensation of consumers harmed by the infringement; or

(d)   the trader responsible for the infringement fails to implement the commitments before the expiry of the time limit set out in Article 18(2a).

2.   Once a competent authority has been designated to take enforcement measures by the other competent authorities concerned, it shall be competent to act on behalf of the consumers in each of the other Member States concerned as if they were its own consumers. When designating a competent authority to take enforcement measures, the competent authorities shall take into consideration all relevant aspects conducive to effective enforcement.

3.   Where the competent authorities do not proceed in accordance with paragraph 2, they shall take enforcement measures simultaneously in several or all of the Member States concerned by the widespread infringement or the widespread infringement with a Union dimension.

4.   A designated competent authority may be directed to take enforcement measures pursuant to paragraphs 1 to 3 of this Article only if the competent authorities of the Member States concerned by such measures give their consent and only if this does not lead to disclosure of information which is subject to the rules on professional and commercial secrecy set out in Article 41.

Amendment

Article 19

Closure of the coordinated actions

1. The competent authorities concerned shall decide to close the coordinated action where they conclude that:

(a)   no widespread infringement or widespread infringement with a Union dimension has occurred;

(b)   following the implementation of commitments by the trader responsible for it, the widespread infringement or widespread infringement with a Union dimension has ceased;

(c)   following enforcement measures, the widespread infringement or widespread infringement with a Union dimension has ceased.

2. The coordinator shall notify the Commission, where applicable, the competent authorities and the single liaison offices of the Member States concerned without delay of the closure of the coordinated action.

Amendment

Article 19a

Re-opening of coordinated actions

The coordinator shall, without delay, notify the Commission, where applicable, and the competent authorities and the single liaison offices of the Member States concerned if the widespread infringement or widespread infringement with a Union dimension recurs and further measures are to be taken. In that event, the coordination may take place without launching a new coordinated action.

Amendment

The Commission may adopt implementing acts laying down the time limits and the standard forms for notifications and other exchanges of information and enforcement requests between competent authorities and the Commission for coordinated actions in relation to widespread infringements and widespread infringements with a Union dimension. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Amendment

deleted

Amendment

General provisions applicable to coordinated actions

Amendment

1.  The coordinator appointed in accordance with Articles 16 or 32 shall in particular:

Amendment

(a)  ensure that all the competent authorities concerned and, where applicable, the Commission are duly informed in a timely manner of the progress of the enforcement action, the anticipated next steps and the measures to be adopted;

Amendment

(b)  coordinate and monitor the investigations, the inspections and the adoption of interim measures that are decided upon by the competent authorities concerned in accordance with section I;

Amendment

(c)  coordinate the preparation and sharing of all necessary documents among the competent authorities concerned and, where applicable, the Commission;

Amendment

(d)  maintain contact with the traders and other parties concerned by the surveillance, investigation and enforcement measures, unless otherwise agreed upon by the competent authorities concerned, the coordinator and, where applicable, the Commission;

Amendment

(f)  coordinate other enforcement measures adopted by the competent authorities concerned, including applications to the courts for the necessary orders and decisions, the imposition of sanctions and the adoption of measures ensuring consumer compensation;

Amendment

1.  The competent authorities shall coordinate their market surveillance activities and their investigation and enforcement measures to address widespread infringements pursuant to section I. They shall exchange all necessary information and provide each other and the Commission with any other assistance needed without delay.

Amendment

3.  The languages used by the competent authorities and the Commission for notifications and for all communications linked to coordinated actions and sweeps pursuant to this Chapter shall be agreed upon by the competent authorities concerned and the Commission.

Amendment

4.  If no agreement can be reached, notifications and other communications shall be sent in the official language of the Member State making the notification or other communication. In that case, each competent authority concerned shall if necessary ensure the production of translations of the notifications, communications and other documents that it receives from other competent authorities.

Amendment

5.  Where coordinated actions pursuant to section I concern widespread infringements or widespread infringements with a Union dimension which contravene the following Union legislation, the coordinator shall invite the European Banking Authority to act as an observer:

Amendment

Language arrangements for communication with traders

Amendment

deleted

Amendment

2.  The trader shall be entitled to communicate in the official language of the Member State of his establishment or residence.

Amendment

deleted

Amendment

Article 32

Sweeps

1.  Where market trends, consumer complaints or other indications suggest that widespread infringements may have occurred, occur or may occur, the competent authorities concerned may decide to conduct sweeps.

1a.  Sweeps shall be coordinated by the Commission.

2.  When conducting sweeps, the competent authorities participating in them shall make effective use of the powers set out in Article 8 and other powers conferred upon them by national law.

3.  The competent authorities may invite designated bodies, Commission officials and other accompanying persons authorised by the Commission, when appropriate and duly substantiated, to participate in sweeps.

4.  The Commission may adopt implementing acts setting out the details of the procedures for sweeps. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Amendment

Article 34

Alert Mechanism

1.  A competent authority shall without delay notify the Commission and other competent authorities of any reasonable suspicion that an intra-Union infringement or a widespread infringement is taking place on its territory that may affect consumers' interests in other Member States ('alert') using the standard form via the database referred to in Article 43.

2.  The Commission shall without delay notify the competent authorities concerned of any reasonable suspicion that an intra-Union infringement or a widespread infringement has occurred on the Union's territory ('alert') via the database referred to in Article 43.

3.  In an alert the competent authority or the Commission shall provide, where available, in particular the following information about the suspected intra-Union infringement or a widespread infringement;

(a)  a description of the act or omission that constitutes the infringement;

(b)  the product or service concerned by the infringement;

(c)  the Member States concerned or possibly concerned by the infringement;

(d)  the trader responsible or suspected of being responsible for the infringement;

(e)  the legal basis for possible actions by reference to national law and the corresponding provisions of the Union acts listed in the Annex;

(f)  the nature and status of legal proceedings, enforcement measures or other measures taken concerning the infringement and their dates and duration;

(h)  the competent authority conducting legal proceedings and other measures.

4  In an alert, the competent authority or the Commission shall ask competent authorities of other Member States and, where appropriate, the Commission to verify whether similar suspected infringements are taking place in the territory of other Member States or whether any enforcement measures have already been taken against such infringements in other Member States. Those competent authorities of other Member States and the Commission shall reply to the request without delay.

6.  The Commission shall adopt implementing acts laying down standard forms for submitting an alert via the database referred to in Article 43. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Amendment

Article 35

Participation of other entities in the alert mechanism

1.  Designated bodies, European Consumer Centres, consumer organisations and associations as well as trader associations having the appropriate expertise and legitimate interest in consumer protection shall be entitled to notify competent authorities of the Member States concerned and the Commission of suspected infringements and provide the information set out in Article 34(3) using the standard form for external notifications via the database referred to in Article 43 ('external alert').

The Commission shall adopt implementing acts laying down standard forms for submitting an external alert via the database referred to in Article 43. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

2.  The Commission shall entitle other entities representing consumer and business interests at Union level to make an external alert.

4.  The competent authorities shall not be bound to initiate a procedure or take any other action in response to the external alerts. Entities referred to in paragraphs 1 and 2 making external alerts shall ensure that the information provided is correct, up to date and accurate, and shall correct any errors in the information posted without delay or withdraw it as appropriate. For that purpose, they shall have access to the information they have provided, subject to the limitations referred to in Articles 41 and 43. Those entities shall also be notified of any follow-up actions taken by the competent authority concerned in relation to external alerts, or, upon request, of the lack of any action.

Amendment

1.  Via the database referred to in Article 43, competent authorities shall notify the Commission and competent authorities of other Member States without delay of any measure taken by them to address an infringement of Union laws that protect consumers' interests on their territory if they suspect that the infringement in question may affect consumers' interests in other Member States.

Amendment

deleted

Amendment

deleted

Amendment

deleted

Amendment

deleted

Amendment

Article 37

Coordination of other activities contributing to surveillance and enforcement

1.  Member States shall inform each other and the Commission of their activities in the following areas:

(a)  development of personnel resources of the competent authorities responsible for the application of this Regulation, including relevant training of their officials;

(b)  the collection, classification and exchange of data on consumer complaints;

(c)  the development of sector-specific networks of competent officials;

(d)  the development of information and communication tools;

(e)  the development of standards, methodologies and guidelines concerning the application of this Regulation;

2.  Member States may coordinate and jointly organise the activities referred to in paragraph 1.

Amendment

2.  Member States may, in cooperation with the Commission, carry out common activities in the areas referred to in paragraph 1. They may, in cooperation with the Commission, develop a common framework for the activities referred to in point (e) of paragraph 1.

Amendment

deleted

Amendment

1.  Information collected by or communicated to the competent authorities and the Commission shall only be used for the purpose of ensuring compliance with Union laws that protect consumers' interests.

Amendment

3.  Notwithstanding paragraph 2 and provided that fundamental rights, such as the right to privacy and to protection of personal data, as well as Union law on protection and processing of personal data, are fully respected, the competent authorities may use and disclose the information necessary:

Amendment

(ba)  for matters of public interest, such as public safety, consumer protection, public health and environmental protection.

Amendment

2.  Member States shall ensure that evidence, documents, information, explanations and investigation findings made by a competent authority in one Member State may be used for proceedings initiated in application of this Regulation by competent authorities in other Member States without further formal requirements.

Amendment

1.  The Commission shall establish and maintain the necessary electronic database for all communications between competent authorities, single liaison offices and the Commission under this Regulation. That database shall be made directly accessible for the competent authorities, single liaison offices and the Commission.

Amendment

2.  Information provided by other public authorities, entities referred to in Article 35 and designated bodies shall be stored and processed in the electronic database but those authorities, entities and designated bodies shall not have access to that database.

Amendment

2a.  Where a competent authority, a designated body or an entity referred to in Article 35 establishes that a notification of an infringement given by it pursuant to Articles 34 and 35 has subsequently been shown to be unfounded, it shall withdraw that notification. The Commission shall without delay remove the relevant information from the database, and shall inform the parties of the reasons for that removal.

Amendment

(a)  a requested competent authority notifies the Commission pursuant to Article 12(3) that an intra-Union infringement has ceased;

Amendment

(b)  the coordinator notifies the Commission pursuant to Article 19 that the coordinated action is closed;

Amendment

(c)  the Commission, as coordinator, decides pursuant to Article 19 that the coordinated action concerning a widespread infringement with a Union dimension is closed but that traders' commitments are to be stored for five years to ensure compliance with Union laws that protect consumers' interests;

Amendment

4.  The Commission shall adopt implementing acts laying down standard electronic forms and templates available in the database for the discussion forum through which all requests and replies as well as other documents are to be exchanged. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).

Amendment

Enforcement plans and prioritisation

Amendment

1.  By .... [the date of entry into force of this Regulation] and every two years thereafter, each Member State shall submit to the Commission enforcement plans. Those enforcement plans shall contain:

Amendment

(a)  information concerning market trends that may affect consumers' interests;

Amendment

deleted

Amendment

deleted

Amendment

(d)  the priority areas for the enforcement of Union laws that protect consumers' interests in the Member State concerned;

Amendment

deleted

Amendment

deleted

Amendment

1a.  The Commission shall make publicly available a summary of the enforcement plans.

Amendment

2.  In cases involving a substantial change of circumstances or market conditions, Member States may provide information concerning those changes where their scope goes beyond what is covered by the enforcement plan.

Amendment

deleted

Amendment

Principles for imposing sanctions for intra-Union, widespread infringements and widespread infringements with a Union dimension

Amendment

1.  When imposing sanctions in the context of intra-Union infringements, widespread infringements and widespread infringements with a Union dimension, the competent authorities shall take into account inter alia:

Amendment

1a.  Those penalties shall be effective, proportionate and dissuasive.

Amendment

Member States shall communicate to the Commission without delay the text of any provisions of national law that they adopt, and of agreements, other than agreements dealing with individual cases, that they conclude on matters covered by this Regulation.

Amendment

By ... [five years after the date of entry into force of this Regulation], the Commission shall submit to the European Parliament and to the Council a report on the application of this Regulation.

Amendment

The report shall contain an evaluation of the application of the Regulation including an assessment of the effectiveness of enforcement of Union laws that protect consumers' interests under this Regulation and an examination of, inter alia, how compliance with Union laws that protect consumers' interests by traders has evolved in key consumer markets concerned by cross-border trade. The Commission shall assess, in particular, the effectiveness of the following:

(a)   the powers provided under Article 8;

(b)   the threshold set for wide-spread infringements with a Union dimension;

(c)   the system of exchange of information on infringements as provided for by Article 43.

That report shall be accompanied, where necessary, by legislative proposals.

Amendment

By ... [the date of entry into force of this Regulation] and every two years thereafter, the Commission shall submit to the European Parliament and to the Council a report containing an overview of the information, developments in the area of consumer law enforcement and statistics exchanged under the surveillance mechanism established pursuant to Article 33, including posted alerts and follow-up actions taken in relation to external alerts, and an overview of widespread infringements and widespread infringements with a Union dimension pursuant to Article 16.

Amendment

This Regulation shall apply from ... [18 months after the date of entry into force of this Regulation].

Amendment

deleted

Amendment

24a.  Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR): Article 14 (OJ L 165, 18.6.2013, p. 1).

Amendment

24b.  Regulation (EC) No 924/2009 of the European Parliament and of the Council of 16 September 2009 on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001 (OJ L 266, 9.10.2009, p. 11).