(2)

Article 2 is amended as follows: (a) the title of Article 2 is replaced by the following: ‘Enforcement of measures to counter non-compliant activities’; (b) paragraph 1 is replaced by the following: ‘1. Where an NCB becomes aware of a non-compliant activity engaged in its national territory, it shall, by means of a standardised communication provided by the ECB, order the non-compliant party to stop engaging in one or more of the relevant non-compliant activities, and shall, where deemed appropriate, order the party in possession of the non-compliant reproduction to hand over the non-compliant reproduction.’; (c) the following paragraphs 1a, 1b and 1c are inserted: ‘1a. Where an NCB becomes aware of the engagement in a non-compliant activity, whether direct or indirect, including through electronic form on websites with the relevant national url domains, by wire or wireless means, or by any other means that allow members of the public to access the non-compliant reproduction from a place and at a time individually chosen by them, it shall notify the ECB without delay. The NCB shall also, using a standardised template provided by the ECB, order the non-compliant party to stop engaging in the non-compliant activity. The ECB shall then take all possible steps to remove the non-compliant reproduction from the electronic location. 1b. The ECB may also order the non-compliant party to stop engaging in one or more of the relevant non-compliant activities in the territory of more than one Member State and outside the Union. Where deemed appropriate, the ECB shall order the party in possession of the non-compliant reproduction to hand over the non-compliant reproduction. 1c. Prior to taking any of the measures referred to in this Article, an NCB shall inform the ECB and the ECB shall coordinate the measures to be taken so that the NCB or the ECB, as applicable, is acting within its required competence when taking any measures.’; (d) paragraph 3 is replaced by the following: ‘3. A subsequent decision to initiate an infringement procedure on the basis of Article 3(1) of Council Regulation (EC) No 2532/98 (*2) which may result in sanctions being imposed in accordance with that Regulation shall be taken by either the Executive Board of the ECB or the relevant NCB. Prior to taking such decision, the ECB and the relevant NCB shall consult each other and the NCB shall inform the ECB whether a separate infringement procedure has been, or alternatively can be, initiated under national criminal law, and moreover, whether there is any other appropriate legal basis for action against the non-compliant activity, such as copyright law. Where an infringement procedure has already been initiated, or alternatively is to be initiated under national criminal law, or there is any other appropriate legal basis for action against the non-compliant activity, no infringement procedure under Regulation (EC) No 2532/98 shall be initiated. (*2) Council Regulation (EC) No 2532/98 of 23 November 1998 concerning the powers of the European Central Bank to impose sanctions (OJ L 318, 27.11.1998, p. 4).’;" (e) paragraph 5 is replaced by the following: ‘5. The ECB shall take the steps described in this Article acting on its own if: (a) the origin of the non-compliant activity cannot reasonably be established; or (b) the non-compliant activity has been or will be engaged in within the territories of several participating Member States; or (c) the non-compliant activity has been or will be engaged in outside the territories of the participating Member States.’;