Changes from plenary report to adopted text

RemovedArticle 7 – paragraph 1 a (new): 1a. Fines imposed in the framework of Directive (EU) 2019/633 and of this Regulation on buyers established outside the Union may be enforceable against their EU Responsible Persons.

RemovedArticle 7 – paragraph 2: 2. Paragraph 1 shall apply only to the extent that the applicant enforcement authority has ascertained that the fine and the other penalties and interim measures are not enforceable in the territory of the Member State of the applicant enforcement authority.

RemovedArticle 7 – paragraph 2 a (new): 2a. This Regulation shall be without prejudice to national rules laying down sanctions and penalties for engaging in unfair trading practices, as provided for in Directive (EU) 2019/633.

RemovedArticle 7 – paragraph 4: 4. Questions regarding limitation periods for the enforcement of fines, other equally effective penalties and interim measures shall be governed by the national law of the Member State of the requested enforcement authority.

RemovedArticle 7 – paragraph 4 a (new): 4a. Member States may decide that enforcement authorities can make use of the possibilities referred to in this Article in relation to national rules within the meaning of Article 3(1), point (b), and Article 9 of Directive (EU) 2019/633 that do not qualify as overriding mandatory provisions within the meaning of Article 9 of Regulation (EC) No 593/2008.

RemovedArticle 7 a (new): Article 7a / Costs / 1. Member States shall waive all claims for the reimbursement of costs incurred in applying this Regulation, with the exception of measures taken pursuant to Articles 5, 6 and 7. / 2. In relation to measures taken pursuant to Articles 5 and 6, the requested enforcement authority may recover from the Member State of the applicant enforcement authority any costs and losses, including translation, labour and administrative costs, arising from measures that have been dismissed and held to be unfounded in a final decision by a court, as far as the substance of the infringement is concerned. / 3. The requested enforcement authority shall recover the amounts due in the currency of its Member State, in accordance with its national law. / 4. In relation to measures taken pursuant to Article 7, the requested enforcement authority may recover the full costs incurred from the fines collected on behalf of the applicant enforcement authority, including translation, labour and administrative costs. / 5. If necessary, the requested enforcement authority shall, in accordance with its national law, convert the fines into the currency of its Member State at the rate of exchange applying on the date on which the fines were imposed.

RemovedArticle 8 – title: Notification and alert system

RemovedArticle 8 – paragraph 1: 1. A system for notifying alerts that an unfair trading practice with a cross-border dimension might be taking place is hereby established as a network. The Commission and the enforcement authorities shall each designate a single point of contact, which shall be a member of the network. The Commission shall be responsible for managing the network in order to aggregate complaints and identify patterns of abuse.

RemovedArticle 8 – paragraph 1 a (new): 1a. An enforcement authority shall notify the Commission and all other enforcement authorities within 30 days using the system laid down in paragraph 1 that an unfair trading practice with a cross-border dimension might be taking place in its Member State, regardless of whether it is taking place only within the Union or is taking place both within the Union and in one or more third countries.

RemovedArticle 8 – paragraph 1 b (new): 1b. The enforcement authority shall, when issuing an alert referred to in paragraph 1, provide information about the suspected unfair trading practice with a cross-border dimension covered by this Regulation, including the following: / (a) a detailed description of the unfair trading practice with a cross-border dimension concerned under Directive (EU) 2019/633 and by reference to national law; / (b) the Member States concerned or possibly concerned by the unfair trading practice with a cross-border dimension; / (c) the identity of the buyer or buyers suspected of committing the unfair trading practice with a cross-border dimension; / (d) a description of any legal proceedings, enforcement measures or other measures taken concerning the unfair trading practice with a cross-border dimension and their dates and duration, as well as the status thereof; / (e) the identities of the enforcement authorities bringing the proceedings and taking other measures.

RemovedArticle 8 – paragraph 1 c (new): 1c. Where a member of the network has information that an unfair trading practice with a cross-border dimension might be taking place, this information shall be notified to the Commission through the alert system within 30 days. The Commission shall transmit this information immediately to the members of the network. The Commission may supplement the notification with any information that is likely to facilitate rapid, appropriate action by enforcement authorities.

RemovedArticle 8 – paragraph 1 d (new): 1d. The enforcement authority may, when issuing an alert, request enforcement authorities in other Member States to verify whether, based on information that is available or accessible to the relevant enforcement authorities, the same unfair trading practices with a cross-border dimension might be taking place in the territory of those other Member States or whether any proceedings are pending or any enforcement measures have already been taken against those unfair trading practices in those Member States. The enforcement authorities in those other Member States shall inform the Commission without delay of the action implemented or the measures taken following receipt of the notifications transmitted under the alert system. The Commission shall transmit that information without delay to the members of the network.

RemovedArticle 8 – paragraph 1 e (new): 1e. Participation in the alert system may be opened to third countries or international organisations, on the basis of agreements between the Union and those countries or international organisations. / For the purposes of the first subparagraph, the Commission shall ensure that third countries and international organisations do not have direct access to the identity of natural persons.

RemovedArticle 9 – paragraph 1: 1. The applicant enforcement authority shall, when making a request for mutual assistance, cite this Regulation as a basis, state the national law laying down the prohibition of the unfair trading practice concerned and the purpose of the request, specify the information required under Article 5(1) or the enforcement measures requested under Article 6 or 7, describe the unfair trading practice concerned and provide any relevant information necessary to enable the requested enforcement authority to fulfil that request, including any information that can be obtained only in the Member State of the applicant enforcement authority.

RemovedArticle 9 – paragraph 2: 2. Requests for mutual assistance and all communications linked to them shall be made in writing using standard forms laid down by the Commission in accordance with Article 12.

RemovedArticle 10 – paragraph 1 – introductory part: 1. A requested enforcement authority may refuse to comply with a request for information under Article 5(1) in accordance with Article 4a, only if at least one of the following applies:

RemovedArticle 10 – paragraph 1 – point a: (a) following a consultation with the applicant enforcement authority, both enforcement authorities agree that the information requested is not needed by the applicant enforcement authority to establish whether an unfair trading practice with a cross-border dimension has occurred or is occurring;

RemovedArticle 10 – paragraph 1 – point b: (b) criminal investigations or judicial proceedings have already been initiated against the same buyer in respect of the same unfair trading practice towards the same supplier and in the same period before the authorities in the Member State of the requested enforcement authority or of the applicant enforcement authority.

RemovedArticle 10 – paragraph 2 – introductory part: 2. A requested enforcement authority may refuse to comply with a request for enforcement measures under Article 6 in accordance with Article 4a, only if, having consulted with the applicant enforcement authority and the Commission, at least one of the following applies:

RemovedArticle 10 – paragraph 2 – point a: (a) criminal investigations or judicial proceedings have already been initiated, or a judgment has been given against the same buyer in respect of the same unfair trading practice towards the same supplier and in the same period, or a court settlement has been reached with the same buyer in respect of the same unfair trading practice before the judicial authorities in the Member State of the requested enforcement authority;

RemovedArticle 10 – paragraph 2 – point b: (b) the exercise of the necessary enforcement powers has already been initiated, or an administrative decision has already been adopted against the same buyer in respect of the same unfair trading practice towards the same supplier in the Member State of the requested enforcement authority in order to bring about the swift and effective cessation of the same unfair trading practice;

RemovedArticle 10 – paragraph 2 – point c: (c) a criminal investigation or judicial proceedings have already been initiated against the same buyer in respect of the same unfair trading practice towards the same supplier before the judicial authorities in the Member State of the applicant enforcement authority;

RemovedArticle 10 – paragraph 2 – point d: (d) the applicant enforcement authority has not provided the information that is necessary to act on a complaint in accordance with Article 5.

RemovedArticle 10 – paragraph 3: 3. The requested enforcement authority shall inform without delay the applicant enforcement authority and the Commission of any refusal to comply with a request for mutual assistance, together with the reasons for that refusal.

RemovedArticle 11 – paragraph 2: 2. If no agreement can be reached between the enforcement authorities concerned, requests for mutual assistance shall be sent in the official language, or one of the official languages, of the Member State of the applicant enforcement authority, accompanied by a courtesy translation in English, and replies in the official language, or one of the official languages, of the Member State of the requested enforcement authority, accompanied by a courtesy translation in English.

RemovedArticle 12 – paragraph 1: By ... [6 months from the entry into force of this Regulation], the Commission shall adopt implementing acts laying down: / (a) standard forms for the requests of mutual assistance under Article 9(2); / (b) the measures for implementing Article 8, in particular the specific conditions and standard procedures applicable to the issuing of alerts and the transmission of notifications, communications and information among enforcement authorities.

RemovedArticle 12 – paragraph 2: The implementing acts referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 21.

RemovedArticle 13 – paragraph 2: 2. The enforcement authorities concerned by the widespread unfair trading practice with a cross-border dimension shall designate, by common agreement, an enforcement authority to be the coordinator. If those enforcement authorities are unable to reach an agreement on that designation, the enforcement authority that has issued the alert pursuant to Article 19 shall be the coordinator. That enforcement authority shall be assisted in the exercise of its powers by the other enforcement authorities concerned and by the Commission, in order to facilitate efficient cooperation among enforcement authorities, safeguard fair competition and protect vulnerable suppliers.

RemovedArticle 13 – paragraph 3: 3. The enforcement authorities concerned by the widespread unfair trading practice with a cross-border dimension shall conduct investigations on the basis of information that is available to them. The coordinator shall notify the results of such investigations to the other enforcement authorities, pursuant to Article 19.

RemovedArticle 13 – paragraph 5 – point a: a) the Member States or the third country where the buyers are established;

RemovedArticle 14 – paragraph 1 – point a: (a) a criminal investigation, administrative or judicial proceedings have already been initiated, a judgment has been given, or a court settlement has been reached in respect of the same buyer or buyers and concerning the same unfair trading practice towards the same supplier or suppliers and in the same period in that enforcement authority’s Member State;

RemovedArticle 14 – paragraph 1 – point b: (b) the enforcement authority has already initiated investigations before the issuing of an alert referred to in Article 19, or an administrative decision has been adopted against the same buyer or buyers in respect of the same unfair trading practice towards the same supplier or suppliers and in the same period in that enforcement authority’s Member State to bring about the cessation of the widespread unfair trading practice with a cross-border dimension;

RemovedArticle 14 a (new): Article 14a / Mediation mechanism / The Commission shall act as a mediation mechanism for the resolution of potential disagreements between Member States and refusals of cooperation for no objective reason, and to prevent blockages in the mutual assistance process.

RemovedArticle 15 – title: Investigative measures in coordinated actions

RemovedArticle 15 – paragraph 1: 1. The enforcement authorities concerned by the coordinated action shall ensure that investigations and inspections are conducted in a timely, effective, and coordinated manner. They shall seek to conduct investigations and inspections and, to the extent that national law so allows, to apply interim measures simultaneously with one another.

RemovedArticle 15 – paragraph 2: 2. The enforcement authorities concerned by the coordinated action shall set out the outcome of the investigation and the assessment of the widespread unfair trading practice with a cross-border dimension in a joint statement, summarising the national decisions adopted.

RemovedArticle 15 – paragraph 3: 3. Without prejudice to the rules on confidentiality and on professional and trade secrecy laid down in Directive (EU) 2016/943 of the European Parliament and of the Council6, the enforcement authorities concerned by the coordinated action shall publish the joint statement or parts thereof on their websites and inform the Commission of the publication.

RemovedArticle 16 – paragraph 1: 1. The enforcement authorities concerned by the coordinated action shall take within their jurisdiction all necessary enforcement measures under Article 6 of Directive (EU) 2019/633 against the buyer or buyers responsible for the widespread unfair trading practice with a cross-border dimension to bring about the cessation of that unfair trading practice.

RemovedArticle 17 – paragraph 2: 2. The coordinator referred to in Article 13(2) shall notify, where applicable and without undue delay, the enforcement authorities of the Member States concerned by the coordinated action and the Commission of the cessation of the coordinated action.

RemovedArticle 18 – paragraph 1 – point a: (a) ensure that the enforcement authorities concerned and the Commission are duly informed, in a timely manner, of the progress of the investigation or of the enforcement action, and informed of any anticipated next steps and the measures to be adopted;

RemovedArticle 18 – paragraph 1 – point d: (d) inform the buyer or buyers about the launch of a coordinated action and maintain contact with the buyer or buyers and other parties concerned by the investigation or enforcement measures, as applicable, unless otherwise agreed by the enforcement authorities concerned and the coordinator;

RemovedArticle 19 – paragraph 1: 1. An enforcement authority shall without delay alert the Commission and the other enforcement authorities that a widespread unfair trading practice with a cross-border dimension might be taking place, regardless of whether it is only taking place within the Union or is taking place both within the Union and in one or more third countries. For that purpose, the enforcement authority shall use the system laid down in Article 8, which shall apply mutatis mutandis.

RemovedArticle 19 – paragraph 2: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 19 – paragraph 3: deleted

RemovedArticle 20 – paragraph 2: 2. If no agreement can be reached between the enforcement authorities concerned, notifications and other communications shall be sent in the official language or one of the official languages of the Member State making the notification or other communication, accompanied by a courtesy translation in English.

RemovedArticle 20 a (new): Article 20a / Cooperation in relation to suppliers or buyers established outside the Union / 1. This Article applies to unfair trading practices within the meaning of Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension that occur between buyers and suppliers referred to in Article 1(2) of Directive (EU) 2019/633 where either the supplier or the buyer is established outside the Union. / 2. With a view to establishing whether an unfair trading practice has occurred or is occurring in the territory of its Member State, an enforcement authority may request information from an enforcement authority of another Member State. Article 4a, Article 5(1), (2) and (3), Article 7a, Article 8, Article 9, Article 10(1) and Article 11 shall apply to such requests mutatis mutandis. / 3. When it suspects that an unfair trading practice by a buyer, irrespective of its place of establishment, takes place and that unfair trading practice might occur in at least three Member States, an enforcement authority may alert the Commission and other enforcement authorities concerned of those suspicions. Article 4(a), Article 19 and Article 20 shall apply to those alerts mutatis mutandis.

RemovedArticle 20 b (new): Article 20b / Reporting / Member States shall ensure that their enforcement authorities include in the annual report referred to in Article 10(2) of Directive (EU) 2019/633 details of any of their activities falling within the scope of this Regulation. Those details shall, inter alia, include the number of requests received by applicant enforcement authorities, in accordance with Articles 5, 6, 7 and 9 of this Regulation, as well as the number of coordinated actions for widespread unfair trading practices with a cross-border dimension, in accordance with Article 13 of this Regulation, opened or closed during the previous year. / For each request or action that has been concluded, the report shall contain a summary description of the matter and of the steps and measures taken.

RemovedArticle 21 a (new): Article 21a / Evaluation / 1. By ... [+ 3 years from the adoption of this Regulation], the Commission shall carry out the first evaluation of this Regulation and shall present a report on the main findings of that evaluation to the European Parliament and to the Council, as well as to the European Economic and Social Committee and the Committee of the Regions. That report shall be accompanied, if appropriate, by a legislative proposal. / The Commission shall base the report on the annual reports referred to in Article 10(2) of of Directive (EU) 2019/633. The Commission may, if necessary, request additional information from Member States. / 2. That report shall include an assessment of: / (a) the effectiveness and proportionality of the cooperation mechanisms established under this Regulation in enforcing the rules laid down in Directive (EU) 2019/633; / (b) any significant changes in the level of administrative burden and compliance costs for Member States and businesses, especially small and medium-sized enterprises and primary producers; / (c) the evolution of enforcement activity, including the identification of the most frequent types of cross-border unfair trading practices, the most affected sectors, and buyer or buyers types most commonly involved.