Changes from report parliamentary committee draft to plenary report

AddedArticle 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.

Change 12

ChangedArticle 7 – paragraph 42: a2. (new):Paragraph 4a.1 Membershall Statesapply mayonly decideto the extent that enforcementthe authoritiesapplicant canenforcement makeauthority usehas ofascertained that the possibilitiesfine referredand tothe inother thispenalties Articleand ininterim relationmeasures toare nationalnot rulesenforceable withinin the meaningterritory of Article 3(1), point (b), third sentence, andthe ArticleMember 9State of Directivethe (EU)applicant 2019/633.enforcement authority.

Change 13

RemovedArticle 7 a (new): Article 7a / Waiver of reimbursement of expenses / 1. Member States shall waive all claims for the reimbursement of expenses incurred in applying this Regulation. / 2. Notwithstanding paragraph 1, as regards requests for enforcement measures under Article 6, the Member State of the applicant enforcement authority shall remain liable to the Member State of the requested enforcement authority for any costs and any losses incurred as a result of 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 in question is concerned. / 3. The requested enforcement authority may recover the expenses incurred in relation to measures taken pursuant to Article 7 from the fine payments collected on behalf of the applicant enforcement authority.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

Article 8 – title: Notification and alert system

Change 14

ChangedArticle 8 – paragraph 1: 1. A system for the notification ofnotifying 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 contactsingle point,point of contact, which shall be a member of the network. The Commission shall be responsible for managing the network.network in order to aggregate complaints and identify patterns of abuse.

Change 15

RemovedArticle 8 – paragraph 1 a (new): 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 description of the widespread unfair trading practice with a cross-border dimension; / (b) details of the subject matter of the unfair trading practice with a cross-border dimension; / (c) the Member States concerned or possibly concerned by the unfair trading practice with a cross-border dimension; / (d) the identity of the buyer or buyers suspected of committing the unfair trading practice with a cross-border dimension; / (e) the unfair trading practice concerned under Directive (EU) 2019/633 and by reference to national law; / (f) 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; / (g) the identities of the enforcement authorities bringing the proceedings and taking other measures.

AddedArticle 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.

Change 16

ChangedArticle 8 – paragraph 1 b (new): Where1b. aThe memberenforcement ofauthority theshall, networkwhen hasissuing anyan alert referred to in paragraph 1, provide information thatabout anthe suspected unfair trading practice with a cross-border dimension maycovered beby takingthis place,Regulation, thisincluding informationthe shallfollowing: without/ delay(a) bea notifieddetailed todescription of the Commissionunfair throughtrading thepractice alertwith system.a Thecross-border Commissiondimension shallconcerned transmitunder thisDirective information(EU) immediately2019/633 and by reference to national law; / (b) the membersMember States concerned or possibly concerned by the unfair trading practice with a cross-border dimension; / (c) the identity of the network.buyer Theor Commissionbuyers maysuspected supplementof committing the notificationunfair trading practice with a cross-border dimension; / (d) a description of any information,legal whichproceedings, willenforcement facilitatemeasures rapid,or appropriateother actionmeasures bytaken 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.authorities bringing the proceedings and taking other measures.

Change 17

ChangedArticle 8 – paragraph 1 c (new): The enforcement authority may, when issuing an alert, request enforcement authorities in other1c. MemberWhere Statesa tomember verifyof whether,the basednetwork onhas information that is available or accessible to the relevant enforcement authorities, the samean unfair trading practices may be taking place in the territory of those other Member Statespractice orwith whethera anycross-border proceedingsdimension aremight pendingbe ortaking anyplace, enforcementthis measuresinformation haveshall alreadybe beennotified takento againstthe suchCommission unfairthrough tradingthe practicesalert insystem thosewithin Member30 States.days. The enforcement authorities inCommission thoseshall othertransmit Memberthis Statesinformation shallimmediately informto the Commission without delaymembers of the action implemented or measures taken following receipt ofnetwork. theThe notificationsCommission transmittedmay undersupplement the alert system.notification Thewith Commissionany shallinformation transmitthat withoutis delaylikely thisto informationfacilitate torapid, theappropriate membersaction ofby theenforcement network.authorities.

Change 18

RemovedArticle 8 – paragraph 1 d (new): 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

Article 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.

Change 19

ChangedArticle 10 – paragraph 1 – point a: (a) following aintroductory consultationpart: with1. theA applicantrequested enforcement authority, bothauthority enforcementmay authoritiesrefuse agreeto thatcomply thewith informationa requestedrequest isfor notinformation neededunder toArticle establish5(1) whetherin anaccordance unfairwith tradingArticle practice4a, withonly aif cross-borderat dimensionleast hasone occurredof orthe isfollowing occurring;applies:

Change 20

ChangedArticle 10 – paragraph 21 – introductorypoint part:a: 2.(a) Afollowing requesteda consultation with the applicant enforcement authorityauthority, mayboth refuseenforcement toauthorities complyagree withthat athe requestinformation forrequested enforcementis measuresnot underneeded Articlesby 6the andapplicant 7enforcement onlyauthority if,to havingestablish consultedwhether withan theunfair applicanttrading enforcementpractice authority,with ata leastcross-border onedimension ofhas theoccurred followingor applies:is occurring;

Change 21

ChangedArticle 10 – paragraph 21 – point a:b: (a)(b) 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, or a court settlement has been reached with the samesupplier buyerand in respect of the same unfair trading practiceperiod before the judicial authorities in the Member State of the requested enforcement authority;authority or of the applicant enforcement authority.

Change 22

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 authority in order to bring about the swift and effective cessation of the same unfair trading practice;

AddedArticle 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:

Change 23

ChangedArticle 10 – paragraph 2 – point c: (c)a: a(a) criminal investigationinvestigations or judicial proceedings have already been initiatedinitiated, 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 applicantrequested enforcement authority;

Change 24

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

AddedArticle 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 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.

AddedArticle 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 12 – paragraph 1: By ... [6 months from the entry into force], the Commission shall adopt implementing acts laying down:

AddedArticle 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 12 – paragraph 1 – point a (new): (a) standard forms for the requests of mutual assistance under Article 9(2);

AddedArticle 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 12 – paragraph 1 – point b (new): (b) arrangements for the management of the notifications and communications among the enforcement authorities;

AddedArticle 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.

Change 25

ChangedArticle 12 – paragraph 11: –By point... c[6 (new):months (c)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 19,8, in particular the specific conditions and standard procedures applicable to the issuing of alerts and the transmission of notificationsnotifications, communications and supplementaryinformation information.among enforcement authorities.

Change 26

RemovedArticle 13 – paragraph 2: 2. The enforcement authorities concerned by the widespread unfair trading practice with a cross-border dimension shall designate an enforcement authority to be the coordinator. If those enforcement authorities are unable to reach an agreement on that designation, the Commission shall be the coordinator.

AddedArticle 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 14 – paragraph 1 – point a: (a) a criminal investigation, judicial or administrative 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 in that enforcement authority’s Member State;

AddedArticle 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.

Change 27

ChangedArticle 1413 – paragraph 1 – point b:3: (b)3. theThe enforcement authority has already initiatedauthorities investigationsconcerned beforeby the issuing of an alert referred towidespread inunfair Articletrading 19,practice orwith ana administrativecross-border decisiondimension hasshall beenconduct adoptedinvestigations againston the same buyer or buyers in respectbasis of the same unfairinformation tradingthat practiceis towardsavailable theto samethem. supplierThe orcoordinator suppliersshall innotify thatthe enforcementresults authority’sof Membersuch Stateinvestigations to bring about the cessation of the widespread unfairother tradingenforcement practiceauthorities, withpursuant ato cross-borderArticle dimension;19.

Change 28

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

AddedArticle 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;

AddedArticle 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;

AddedArticle 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.

Article 15 – title: Investigative measures in coordinated actions

Change 29

ChangedArticle 15 – paragraph 1: 1. The enforcement authorities concerned by the coordinated action shall ensure that investigations and inspections are conducted in a timelytimely, 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.

Change 30

ChangedArticle 1915 – paragraph 1:2: 1.2. AnThe enforcement authority shall withoutauthorities delayconcerned alertby the Commission and thecoordinated otheraction enforcementshall authoritiesset underout the alertoutcome systemof laidthe downinvestigation inand Articlethe 8assessment thatof athe widespread unfair trading practice with a cross-border dimension mayin bea takingjoint place.statement, summarising the national decisions adopted.

Change 31

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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;

AddedArticle 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;

AddedArticle 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.

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

Article 19 – paragraph 3: deleted

Article 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.

Change 32

RemovedChapter IV a (new): CHAPTER IVa / COOPERATION IN RELATION TO SUPPLIERS OR BUYERS ESTABLISHED OUTSIDE THE UNION

AddedArticle 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.

Change 33

ChangedArticle 20 ab (new): Article 20a20b / Cooperation in relation to suppliers or buyers established outside the UnionReporting / In relation to unfair trading practices laid down in Article 3(1) and (2) of DirectiveMember (EU)States 2019/633shall withensure athat cross-bordertheir dimensionenforcement whichauthorities occurinclude betweenin buyersthe andannual suppliersreport referred to in Article 1(2)10(2) of Directive (EU) 2019/633 where either thedetails supplierof orany theof buyertheir areactivities establishedfalling outsidewithin the Union, an enforcement authority may request information from an enforcement authorityscope of another Member State in order to establish whether an unfair tradingthis practiceRegulation. hasThose occurreddetails orshall, isinter occurringalia, ininclude the Member Statenumber of therequests applicantreceived enforcementby authority.applicant Articlesenforcement 5(1),authorities, (2)in andaccordance (3),with 7a,Articles 8,5, 9,6, 10(1)7 and 11 shall9 applyof tothis suchRegulation, requestsas mutatiswell mutandis.as /the Alternatively,number whenof itcoordinated suspectsactions thatfor anwidespread unfair trading practicepractices bywith a buyer, irrespectivecross-border ofdimension, itsin placeaccordance ofwith establishment,Article takes13 placeof andthis thatRegulation, thatopened unfairor tradingclosed practiceduring maythe occurrprevious inyear. at/ leastFor threeeach Memberrequest States,or theaction enforcementthat authorityhas maybeen alertconcluded, the Commissionreport andshall othercontain enforcementa authoritiessummary concerneddescription of those suspicions. Articlesthe 19matter and 20 shall applyof tothe thosesteps alertsand mutatismeasures mutandis.taken.

Change 34

RemovedArticle -21 (new): Article -21 / 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.