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Changes between two versions

What changed between the draft committee report and the plenary report

From · draft committee report· 28 Apr 2025

AGRI-PR-773115

on the proposal for a regulation of the European Parliament and of the Council on cooperation among enforcement authorities responsible for the enforcement of Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain

To · plenary report· 30 Jul 2025

A-10-2025-0153

on the proposal for a regulation of the European Parliament and of the Council on cooperation among enforcement authorities responsible for the enforcement of Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain

AI:What changed, in short

The regulation now covers unfair trading practices involving parties outside the Union, requiring buyers to designate an EU Responsible Person and allowing fines against them.351132 Cooperation mechanisms are expanded with new rules on urgent requests, refusal grounds, mediation, and cost recovery, and the deadline for information requests is extended to 45 days.7132223 The alert system is strengthened with mandatory 30-day notifications, detailed information requirements, and third-country participation safeguards.15161718 Reporting and evaluation obligations are added, including a first evaluation by 1 November 2025 and annual reports with specific details.23334 The other changes are formal or wording: updated references, rephrased sentences, and structural adjustments.1468

30 changes of substance · 1 formal · 3 of wording only

Written by AI from the two texts only · read the changes before relying on it · 4 Sept 2026 · Report a problem

Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.

Changes of substance · 30

Change 2 Substance

AI summary:Replaces Article 1 with a new Recital 1a that adds a first evaluation of Directive (EU) 2019/633 by 1 November 2025 and a report on strengthening farmers' position.

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Changed:ArticleRecital 1 –a paragraph(new): 1:(1a) ThisThe Regulationfirst laysevaluation downof certainDirective rules(EU) under2019/633 whichtogether with a report on the enforcementmain authorities,findings havingshould beenbe designatedpresented by theirthe MemberCommission Statesby as1 responsibleNovember for2025. The report from the enforcementCommission ofon Implementing the prohibition of unfair trading practices into business-to-businessstrengthen relationshipsthe position of farmers and operators in the agricultural and food supply chain under- DirectiveState (EU)of 2019/633,play cooperateof and23 coordinateApril actions2024 withhighlighted eachthe otherpersistence withof aimbalances viewwithin tothe combatingagri-food practiceschain, thatwhich grosslyincreases deviatethe fromneed goodfor commerciala conduct,legislative proposal amending that areDirective contraryin order to goodfurther faithstep andup fairprotection dealingfor suppliers and thatensure aresufficient unilaterallybargaining imposedpower byto oneall tradingoperators partnerby onbroadening another.its scope.

Change 3 Substance

AI summary:Adds Recitals 2 to 14a and new Article 2 provisions, expanding scope to retail alliances, third-country parties, and introducing EU Responsible Person, mediation, and cost rules.

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Removed:Article 2 – paragraph 1 – subparagraph 2: However, Articles 5, 6 and 7 of this Regulation also apply in relation to equivalent national rules within the meaning of Article 3(1), point (b), third sentence and Article 9 of Directive (EU) 2019/633 introduced by the concerned Member States, or if a Member State so decides in accordance with Articles 5(4), 6(4) and 7(4) of this Regulation.

Added:Recital 2: (2) Directive (EU) 2019/633 requires Member States to designate enforcement authorities that ensure the effective enforcement of the prohibitions laid down in that Directive. That Directive also requires the Commission and those enforcement authorities to cooperate closely to ensure a common approach with respect to the application of the rules set out in that Directive. In particular, the enforcement authorities should aim to prevent or stop unfair trading practices that have a cross-border dimension and that are performed in whole or in part on their respective territories. They should do so by providing each other with mutual assistance, including by sharing information and assisting in investigations that have a cross-border dimension.

Removed:Article 2 – paragraph 1 a (new): 1a. Article 20a of this Regulation applies in relation to unfair trading practices involving buyers or suppliers established outside the Union.

Added:Recital 3: (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer or a supplier is established in another Member State or outside the Union, including when a buyer is member of one or more retail alliances, as those entities have an inherent cross-border purchasing strategy and might circumvent certain legal provisions, even when the acquired agricultural and food products are intended for the market of the Member State of the supplier. Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish uniform rules strengthening cooperation between enforcement authorities in cross-border cases with the aim of reinforcing the position of farmers within the agricultural and food supply chain and of ensuring fairer standards of living for them.

Removed:Article 3 – paragraph 1 – point e: (e) ‘widespread unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 occurring in at least three Member States;

Added:Recital 4: (4) Given that Directive (EU) 2019/633 allows Member States to maintain or introduce stricter national rules against unfair trading practices, it should be clarified that this Regulation does not cover those rules. However, the Regulation should allow the Member States to decide that their enforcement authorities can make use of the possibility to exchange information established under the mutual assistance mechanism set out by this Regulation in relation to such rules. In those cases, provided that a reason is given for the refusal, the enforcement authorities should still have the right to refuse to comply with such a request for assistance in the enforcement of Directive (EU) 2019/633, except when it concerns the breach of overriding mandatory provisions within the meaning of Article 9 of Regulation (EC) No 593/2008 of the European Parliament and of the Council1a that aim to guarantee the stable and sustainable supply of food products to consumers. / 1a Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6, ELI: http://data.europa.eu/eli/reg/2008/593/oj).

Added:Recital 5: (5) To ensure the effective application of their obligations under this Regulation, enforcement authorities should be provided with the necessary resources and expertise, including to avoid any charge for suppliers for submitting a complaint, to ensure confidentiality and to make available, in particular to agricultural and food producers, regulatory bodies and other responsible authorities, clear and accessible information on the possibilities for submitting a complaint.

Added:Recital 6: (6) Enforcement authorities should have the power to provide one another with and use in evidence in accordance with their national law any matter of fact or of law, including confidential information, while paying particular attention to the protection of that information, assuring confidentiality and anonymity if requested by the complainant and applying the rules established by Regulation (EU) 2016/679 of the European Parliament and of the Council1a and by Directive (EU) 2019/633. Information exchanged shall only be used in evidence for the purpose of applying the rules established by Directive (EU) 2019/633 and in respect of the subject-matter for which it was collected by the transmitting authority. / 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).

Added:Recital 7: (7) Enforcement authorities should be empowered in their own territory to exercise the powers referred to in Article 6(1), points (b), (c) and (d), of Directive (EU) 2019/633, in accordance with their national law, on behalf of and for the account of other enforcement authorities.

Added:Recital 7 a (new): (7a) In order to increase the efficiency and effectiveness of this Regulation, to secure smooth cooperation between enforcement authorities and to avoid excessive costs for the requested enforcement authorities, rules on covering the costs of measures taken pursuant to this Regulation should be laid down. Moreover, enforcement authorities should be able to recover the costs incurred in relation to the enforcement from the fines collected.

Added:Recital 8: (8) Enforcement authorities should inform one another and the Commission through a system for notifying alerts of an unfair trading practice with a cross-border dimension that has occurred or is occurring in their territory.

Added:Recital 9: (9) Enforcement authorities should be empowered in their own territory and in accordance with their national law to enforce, or initiate proceedings for the enforcement of, final decisions imposing fines or other equally effective penalties on behalf of and for the account of other enforcement authorities, provided that those other enforcement authorities have ascertained that the fines or other equally effective penalties cannot be enforced in the Member States of those other enforcement authorities.

Added:Recital 10 a (new): (10a) In order to increase the efficiency of cross-border cooperation between enforcement authorities, a procedural mechanism should be established to allow for the prioritisation of urgent requests. In this way, the requested enforcement authority will be better able to manage efforts to provide a response within the prescribed legal time limit, while respecting the principle of good cooperation and in the spirit of effective protection of the legitimate interests of the affected parties in the agricultural and food supply chain. In addition to this, it would be useful to establish a mechanism for managing subsequent requests for clarification, without retaining the 45-day time limit.

Added:Recital 13: (13) With a view to ensuring uniform conditions for the implementation of the measures laid down in this Regulation, implementing powers should be conferred on the Commission to be able to develop standard forms for requests for information, requests for mutual assistance or requests for enforcement measures, as well as standard procedures for prioritising urgent requests and for the issuing of alerts, the transmission of notifications, communications and information among enforcement authorities. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council4.

Added:Recital 13 a (new): (13a) As regards the refusal of cooperation between authorities, a mediation mechanism, coordinated or represented by the Commission, should be introduced to clarify ambiguities, to resolve potential disagreements or unjustified refusals to cooperate and to prevent blockages of the mutual assistance process.

Added:Recital 14: (14) Where a widespread unfair trading practice with a cross-border dimension, involving at least three Member States may be taking place, the enforcement authorities concerned by that practice should be able to issue alerts through a dedicated system, engage in coordinated actions, and designate a coordinator to coordinate the cooperation among the relevant authorities in whose territories the practice may be taking place. To establish which enforcement authorities are concerned by a widespread unfair trading practice with a cross-border dimension, all relevant aspects should be considered, in particular the place where the buyer is established and the location of the suppliers that may be affected by the unfair trading practice. The detection of widespread unfair trading practices with a cross-border dimension should be supported by exchanging information between enforcement authorities when there is a reasonable suspicion of such unfair trading practices with a cross-border dimension. The coordinator should exercise its competence within a framework of close cooperation with the other enforcement authorities concerned. Likewise, all enforcement authorities concerned should actively engage in the investigation at an early stage, and issue alerts to the Commission and to the enforcement authorities concerned by a widespread unfair trading practice with a cross-border dimension and share the necessary information available to them about such practices.

Added:Article 1 – paragraph 1: With a view to combating practices that grossly deviate from good commercial conduct, that are contrary to good faith and fair dealing and that are unilaterally imposed by one trading partner on another, this Regulation lays down certain rules under which the enforcement authorities, having been designated by their Member States as responsible for the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain under Directive (EU) 2019/633, cooperate and coordinate actions with each other and with the Commission, in order to ensure compliance, to safeguard sound competition and to maintain a level playing field in the internal market.

Added:Article 2 – paragraph 1 – subparagraph 1: 1. This Regulation applies to the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain laid down in Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension, including when those unfair trading practices originate from operators whose practices have an inherent cross-border component, such as those of retail alliances.

Added:Article 2 – paragraph 1 – subparagraph 2: However, Articles 5, 6 and 7 of this Regulation also apply in relation to national rules within the meaning of Article 3(1), point (b), and Article 9 of Directive (EU) 2019/633 in cases involving Member States where those Member States mutually so decided in accordance with Article 5(4), Article 6(3a) and Article 7(4a) of this Regulation.

Added:Article 3 – paragraph 1 – point d: (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are located in at least two different Member States or involving one supplier or buyer that is located within the Union and one supplier or buyer that is located outside the Union, or involving any unfair trading practice covered by stricter national rules that qualify as overriding mandatory provisions within the meaning of Article 9 of Regulation (EC) No 593/2008;

Added:Article 3 – paragraph 1 – point e: (e) ‘widespread unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving parties located in at least three Member States or parties located in at least two Member States and outside the Union;

Added:Article 3 – paragraph 1 – point f a (new): (fa) 'EU Responsible Person’ means any natural or legal person established within the Union who is designated by a buyer located outside the Union to act on the buyer's behalf in relation to the obligations set out under Directive (EU) 2019/633 and this Regulation.

Change 5 Substance

AI summary:Adds Articles 4a and 4b on confidentiality, no charges for complaints, and EU Responsible Person obligations for buyers outside the Union.

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Removed:Article 5 – paragraph 1: 1. At the request of an applicant enforcement authority, a requested enforcement authority shall, without delay, and within 30 days, provide the applicant enforcement authority with the information requested to establish whether an unfair trading practice in the Member State of the applicant enforcement authority with a cross-border dimension has occurred or is occurring.

Added:Article 4 a (new): Article 4a / Implementation and confidentiality of information / 1. Member States shall ensure that enforcement authorities do not impose any charges on suppliers for submitting a complaint regarding an unfair trading practice with a cross-border dimension. / 2. For the purposes of this Regulation, the enforcement authorities shall have the power to provide one another with information and use in evidence any fact or matter of law, including confidential information. / 3. Information exchanged shall only be used for the purpose for which it was collected by the requested enforcement authority. It shall only be used in evidence for the purpose of applying this Regulation. / 4. When using information provided pursuant to paragraph 2, enforcement authorities shall have due regard to the legitimate interests of natural or legal persons, including protection of trade secrets and intellectual property rights. / 5. In cases where a complainant requests the protection of information, including the protection of the identity of the complainant, pursuant to Article 5(3) of Directive (EU) 2019/633, the enforcement authority receiving the complaint shall ask for the agreement of the complainant to provide the protected information to another enforcement authority.

Removed:Article 5 – paragraph 3: 3. The information provided shall only be collected by the requested enforcement authority and used by the applicant enforcement authority in accordance with their respective national law.

Added:Article 4 b (new): Article 4b / EU Responsible Person / 1. Buyers located outside the Union shall designate an EU Responsible Person before entering into a contractual relation on agricultural and food products within the meaning of Article 1(2) of Directive (EU) 2019/633 with a supplier located within the Union. / 2. The terms of the designation shall constitute the EU Responsible Person's mandate. That mandate shall be valid from the moment that it is accepted in writing by the EU Responsible Person until its expiration or termination. / 3. The EU Responsible Person shall perform the tasks specified in the mandate agreed with the buyer. The EU Responsible Person shall provide a copy of the mandate to the enforcement authority, upon request. / The mandate shall include at least the following tasks: / (a) to act as the primary point of contact for enforcement authorities and the Commission; / (b) to assume full financial and legal liability for the buyer’s compliance with the obligations set out in Directive (EU) 2019/633 and in this Regulation; / (c) to maintain up-to-date records of the transactions in the Union of the buyer established outside the Union; / (d) to facilitate investigations, including providing documents, data and testimony to enforcement authorities or the Commission; / (e) to ensure compliance with final decisions, fines or penalties issued under the framework of Directive (EU) 2019/633 and of this Regulation; / (f) to terminate the mandate if the buyer acts contrary to its …

Removed:Article 5 – paragraph 4 – subparagraph 1: 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), third sentence, and Article 9 of Directive (EU) 2019/633.

Added:Article 5 – paragraph 1: 1. At the request of an applicant enforcement authority, a requested enforcement authority shall, without delay, and within 45 days from the date of receiving the request, provide the applicant enforcement authority with the information requested to establish whether an unfair trading practice in the Member State of the applicant enforcement authority with a cross-border dimension has occurred or is occurring. Where the applicant enforcement authority and the requested enforcement authority agree to an extension of that period of 45 days, it may be extended by an additional period of 45 days.

Change 6 Substance

AI summary:Changes Article 5(3) to specify that information is collected and used in accordance with national law and Regulation (EU) 2016/679.

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Changed:Article 5 – paragraph 4 – subparagraph 2: When an applicant enforcement authority3: makes3. useThe ofinformation theprovided possibilityshall providedonly inbe subparagraphcollected 1,by the requested enforcement authority shall,and withoutused delay,by and,the atapplicant theenforcement latest,authority withinin 60accordance days,with providetheir therespective applicantnational enforcementlaws authorityand with theRegulation information(EU) requested.2016/679.

26 more changes of substance

Change 7 Substance

AI summary:Adds Article 5(4) subparagraphs and new paragraphs 4a and 4b, allowing refusal with justification and establishing a mechanism for urgent requests.

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Added:Article 5 – paragraph 4 – subparagraph 1: 4. 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.

Added:Article 5 – paragraph 4 – subparagraph 1 a (new): When an applicant enforcement authority makes use of the possibility provided for in subparagraph 1, it shall cite this Regulation as a legal basis, as well as the national law laying down the prohibition of the unfair trading practice concerned. It shall also state the purpose of the request, specify what information is required and describe the unfair trading practice concerned.

Added:Article 5 – paragraph 4 – subparagraph 2: When an applicant enforcement authority makes use of the possibility provided for in subparagraph 1, the requested enforcement authority may provide only partial information or refuse to provide information. In such case, the requested enforcement authority shall duly justify the reasons for the incomplete response or for the refusal in a reasoned and objective reply. That reply shall be sent to the applicant enforcement authority within 45 days of the submission of its request.

Added:Article 5 – paragraph 4 a (new): 4a. In order to increase the efficiency of cross-border cooperation between enforcement authorities in the field of combating unfair commercial practices, a special procedural mechanism shall be established to enable urgent requests submitted by competent authorities in other Member States to be prioritised.

Added:Article 5 – paragraph 4 b (new): 4b. The Commission may adopt implementing acts laying down the special procedural mechanism for the prioritisation of urgent requests provided for in paragraph 4a. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.

Change 9 Substance

AI summary:Restricts Article 6(3a) to national rules that do not qualify as overriding mandatory provisions under Regulation (EC) No 593/2008.

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Changed:Article 6 – paragraph 3 a (new): 3a. 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), third sentence, and Article 9 of Directive (EU) 2019/633.2019/633 that do not qualify as overriding mandatory provisions within the meaning of Article 9 of Regulation (EC) No 593/2008.

Change 10 Substance

AI summary:Adds 'without delay' to Article 7(1), requiring prompt enforcement of final decisions.

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Changed:Article 7 – paragraph 1: 1. At the request of an applicant enforcement authority, the requested authority shall enforce, without delay and in accordance with its national law, final decisions imposing fines or other equally effective penalties and interim measures adopted in accordance with Article 6(1), first subparagraph, point (e), of Directive (EU) 2019/633 by the Member State of the applicant enforcement authority.

Change 11 Substance

AI summary:Adds Article 7(1a) allowing fines on buyers outside the Union to be enforceable against EU Responsible Persons.

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Removed:Article 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 equally effective penalties and interim measures are not enforceable in the territory of its Member State.

Added:Article 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 Substance

AI summary:Replaces Article 7(4a) with Article 7(2), clarifying that enforcement applies only if fines are not enforceable in the applicant's territory.

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Changed:Article 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 Substance

AI summary:Adds Article 7a on costs, allowing recovery of costs from fines and waiving reimbursement except for certain measures.

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Removed:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 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.

Change 14 Substance

AI summary:Changes Article 8(1) to designate a single point of contact and tasks the Commission with aggregating complaints and identifying abuse patterns.

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Changed:Article 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 Substance

AI summary:Adds Article 8(1a) requiring notification of alerts within 30 days, covering practices within the Union and third countries.

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Removed:Article 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.

Added:Article 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 Substance

AI summary:Adds Article 8(1b) detailing information to be provided when issuing an alert, including description, member states, and proceedings.

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Changed:Article 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 Substance

AI summary:Adds Article 8(1c) allowing authorities to request verification in other member states and requiring notification to the Commission within 30 days.

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Changed:Article 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 Substance

AI summary:Adds Article 8(1d) and (1e) on third-country participation, ensuring no direct access to natural persons' identities.

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Removed:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 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.

Change 19 Substance

AI summary:Restructures Article 10(1) to list grounds for refusal of information requests, including consultation with the applicant authority.

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Changed:Article 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 Substance

AI summary:Moves Article 10(2) to Article 10(1) point (a), changing the structure of refusal grounds for enforcement measures.

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Changed:Article 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 Substance

AI summary:Changes Article 10(1) point (b) to include proceedings in the applicant's member state and same period.

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Changed:Article 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 Substance

AI summary:Adds Article 10(2) introductory part, specifying refusal grounds for enforcement measures under Article 6.

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Removed:Article 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;

Added:Article 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 Substance

AI summary:Adds Article 10(2) points (a) to (d), detailing refusal grounds including prior proceedings and lack of information.

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Changed:Article 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 Substance

AI summary:Adds Article 10(3) requiring notification of refusal to the Commission, and updates Article 11(2) on language.

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Removed:Article 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.

Added:Article 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;

Removed:Article 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.

Added:Article 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;

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

Added:Article 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.

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

Added:Article 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.

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

Added:Article 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 Substance

AI summary:Changes Article 12(1) to include standard forms for mutual assistance and procedures for alerts and notifications.

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Changed:Article 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 Substance

AI summary:Adds Article 12(2) on implementing acts procedure, and changes Article 13(2) to designate coordinator by common agreement.

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Removed:Article 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.

Added:Article 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.

Removed:Article 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;

Added:Article 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 Substance

AI summary:Adds Article 13(3) requiring coordinated investigations and notification of results to other authorities.

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Changed:Article 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 Substance

AI summary:Adds Article 13(5) point (a) on member states or third countries where buyers are established, and Article 14a on mediation.

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

Added:Article 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;

Added:Article 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;

Added:Article 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.

Change 30 Substance

AI summary:Adds Article 15(2) requiring a joint statement summarising national decisions after coordinated action.

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Changed:Article 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 Substance

AI summary:Adds Article 15(3) on publishing the joint statement, and updates Articles 16 to 19 on enforcement measures and alerts.

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Added:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 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;

Added:Article 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;

Added:Article 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.

Change 32 Substance

AI summary:Adds Chapter IVa and Article 20a on cooperation for suppliers or buyers outside the Union, with mutatis mutandis application.

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

Added:Article 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 Substance

AI summary:Replaces Article 20a with Article 20b on reporting, requiring annual reports to include details of activities and requests.

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Changed:Article 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 Substance

AI summary:Adds Article 21a on evaluation, requiring a report within 3 years, and drops the old Article 21a and Article 22(2).

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Removed:Article -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.

Added:Article 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.

Removed:Article 21 a (new): Article 21a / Evaluation / By ... [+ 3 years from the adoption], 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. Such report shall be accompanied, if appropriate, by legislative proposals. / 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.

Removed:Article 22 – paragraph 2: It shall apply from [+ 6 months from the adoption].

1 formal change: legal basis, citations, references, corrections

Change 1 Formal

AI summary:Drops the reference to transmission of the draft legislative act to national parliaments.

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Removed:– after transmission of the draft legislative act to the national parliaments,

3 changes of wording only

Change 4 Wording

AI summary:Rephrases Article 4 to require resources and expertise, and adds promotion of awareness and advisory services.

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Changed:Article 4 – paragraph 1: Member States shall ensure that enforcement authorities have the necessaryresources, resourcesincluding technical, financial and human resources, and expertise necessary for the application of this Regulation,Regulation asand wellfor aspromoting awareness of the rights and obligations that it lays down, including making available clear, accessible and detailed information about its provisions to promotepersons awarenessconcerned and provideproviding to them the advisory services needed for thatits application.

Change 8 Wording

AI summary:Moves 'without delay' in Article 6(3) to a different position in the sentence.

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Changed:Article 6 – paragraph 3: 3. The requested enforcement authority shall inform without delay the applicant enforcement authority without delay about the steps and measures taken and the steps and measures that it intends to take.

Change 29 Wording

AI summary:Rephrases Article 15(1) to add 'effective' and improve coordination of investigations.

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Changed:Article 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.