Ms Angela Robinson:

The Senator has asked a very relevant question. She has also outlined the core functions provided in the regulation that we are discussing today and it was following consultation by the European Commission with the enforcement authorities. The directive does provide for co-operation on enforcement authorities across Europe but what its experience was, in talking to the enforcement authorities, was that it was difficult to get some engagement on that and the enforcement authorities themselves were not sure what information they could share in respect of certain activities within their area. So if there was a supplier based in Ireland, for example, that had a difficulty with a buyer in another member state then there were questions about what information could be taken or what activity should be taken. The regulation sets out the parameters for the enforcement authorities and for the member states to be able to say, "These are the things that we can do." That includes the sharing of information, requesting another enforcement authority in another member state to investigate a suspected UTP that involves, perhaps, a supplier in one member state and a buyer in another member state. So we might call that a cross-border type of UTP.

On the Senator's question on the legal powers for enforcement, the regulation provides for the enforcement by one member state at the request of an enforcement authority in another member state of a fine, a decision or a penalty that has been imposed in that requesting member state. There is also provision for co-ordinated actions where there is a cross-border UTP that involves at least three member states.

It still is not been finalised and has to go to the European Parliament. The Council's mandate is to make sure that there are very strong powers to allow enforcement authorities to co-operate across that, and that includes the legal basis for those interventions and investigations. It also includes, for example, that authorised officers of an enforcement authority in one member state can accompany an investigation in respect of an enforcement in another member state. That is the current proposal.