Kommisjonens gjennomføringsforordning (EU) 2023/814 av 14. april 2023 om spesifikke ordninger for Kommisjonens gjennomføring av visse prosedyrer i henhold til europaparlaments- og rådsforordning (EU) 2022/1925
Commission Implementing Regulation (EU) 2023/814 of 14 April 2023 on detailed arrangements for the conduct of certain proceedings by the Commission pursuant to Regulation (EU) 2022/1925 of the European Parliament and of the Council
Kommisjonsforordning publisert i EU-tidende 17.4.2023
BAKGRUNN (fra kommisjonsforordningen)
(1) Regulation (EU) 2022/1925 empowers the Commission to adopt implementing acts laying down detailed arrangements for the application of certain aspects of said Regulation. In compliance with the principle of good administration and the principle of legal certainty, it is necessary to lay down rules concerning in particular notifications, requests, reports and other submissions of information, including determination of effective dates for notifications and submissions of information, and the opening of proceedings under Regulation (EU) 2022/1925. It is also necessary to lay down rules concerning the exercise of the right to be heard and the right of access to file by the addressees of the Commission’s preliminary findings.
(2) In order to ensure a fair and efficient procedure as well as the effective and full enforcement of Regulation (EU) 2022/1925 and to provide legal certainty for all natural and legal persons concerned, it is important to lay down among others the framework for the provision of documents under Regulation (EU) 2022/1925. In particular, it is necessary to set out rules as regards the format and maximum length of documents, the use of languages and the procedure for the transmission and receipt of documents. Furthermore, it is necessary to set out rules on the information to be included by undertakings providing core platform services in notifications submitted pursuant to Article 3(3), first subparagraph, or submissions of information following a Commission request referred to in Article 3(3), second subparagraph, of Regulation (EU) 2022/1925. In the process of preparing a notification pursuant to Article 3(3) of Regulation (EU) 2022/1925 and Article 2 of this Regulation and within a reasonable timeframe before this notification, an undertaking providing core platform services should be able to engage in pre-notification contacts with the Commission in view of ensuring an effective notification procedure pursuant to Article 3(3) of Regulation (EU) 2022/1925. In carrying out its tasks under Regulation (EU) 2022/1925, the Commission will mainly have to rely on the information provided by the undertakings concerned. Therefore, it is particularly important that the information is correct, complete and not misleading and is provided within the time limits, where applicable.
(3) Regulation (EU) 2022/1925 requires a dedicated procedural framework taking into account the specificities of that Regulation. That framework should aim to set out a rapid and effective investigatory and enforcement process, while ensuring that the right to be heard of the parties to the proceedings is effectively protected. Clear and proportionate rules on the exercise of the right to be heard, including access to the file of the Commission, should thus be laid down. The undertaking or association of undertakings to whom the Commission has notified its preliminary findings should have the right to provide its views in writing within a time-limit that should be set by the Commission with a view to reconciling the efficiency and effectiveness of the procedure on the one hand and the possibility to exercise the right to be heard on the other. The addressee of the preliminary findings should have the right to set out succinctly the relevant facts and provide supporting documents. While the addressee of the preliminary findings should always have the right to obtain from the Commission the non-confidential versions of all documents mentioned in the preliminary findings, it should additionally be provided with access to all documents on the Commission’s file, without any redactions, under terms to be set out in a Commission decision. This access should be limited in certain situations, including when the disclosure of certain documents would harm the party that submitted them or where other interests prevail.
(4) When granting the undertakings or associations of undertakings concerned access to the file, the Commission should ensure the protection of business secrets and other confidential information in a proportionate manner. The Commission should be able to request undertakings or associations of undertakings that submit or have submitted documents, including statements, to identify business secrets or other confidential information. In order to ensure the effectiveness of the assessment of third parties’ comments to publications or consultations pursuant to Article 8(6), Article 18(5)and (6), and Articles 19(2) and 29(4) of Regulation (EU) 2022/1925, such comments should be treated as non-confidential for the purpose of granting access to file and of preparing Commission decisions, while giving third parties the right to request the redaction of the author’s and the sender’s name or other identifying information before the comments are shared with the addressee of the preliminary findings or with any other third party.
(5) The Commission should, before making documents available to the addressee of its preliminary findings, assess whether, with a view to an effective exercise of the right to be heard, the need to disclose is greater than the harm to the third party which might result from disclosure.
(6) In the interest of legal certainty, the time limits under Regulation (EU) 2022/1925 and this Regulation, including the time limits set by the Commission pursuant to those Regulations, should be governed by Council Regulation (EEC, Euratom) No 1182/71. However, specific rules regarding time limits should be laid down to the extent necessary.
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