Changes from report parliamentary committee draft to report parliamentary committee draft

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 8 a (new), Article 21: 8a. Article 21 is replaced by the following: / ‘1. Member States shall lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive, in particular Article 5(8) and Article 13 and shall take all measures necessary to ensure they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. / 2. Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate: / (a) the nature, gravity, scale and duration of the infringement; / (b) any action taken by the trader to mitigate or remedy the damage suffered by consumers; / (c) any previous infringements by the trader; / (d) the financial benefits gained or the losses avoided by the trader as a result of the infringement, if the relevant data are available; / (e) penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council ; / (f) any other aggravating or mitigating factors applicable to the circumstances of the case. / 3. Member States shall, by ... [24 months from the entry into force of this amending Directive] notify the Commission of the rules and of the measures referred to in paragraph 1 and shall notify it without delay of any subsequent amendment af…