[ParlTrack]

Proposal for a regulation
Recital 1

(1) Since the internal market comprises an area without internal frontiers relying, inter alia, on the free movement of services and persons, it is ~~necessary~~desirable to provide that consumers can use online content services to which they have subscribed in their Member State of residence which offer access to content such as music, games, films or sporting events ~~not only in their Member State of residence but also~~ when they are temporarily present in other Member States of the Union. Therefore, barriers that hamper access and use of such online content services when moving across borders should be eliminated.

2016/10/03
Committee: JURI

Constance LE GRIP

Proposal for a regulation
Recital 12

(12) Therefore, the objective of this Regulation is to adapt the legal framework ~~in order to ensure that the licensing of rights no longer presents barriers to~~with the aim of improving the portability of online content services in the Union within a context of cross-border portability, without in doing so allowing cross-border access to these services. In order to cover, primarily, cross-border pwor~~tability of online content services in the Union and that the cross- border portabilit~~kers and cases involving the exercise of the right to freedom of residence as laid down in EU law, the portability provided for in this Regulation should therefore only be provided to subscribers who, having subscribed to a service in their Member State of residence, are temporarily can ~~be ensured.~~ d for a limited period of time in the territory of another Member State.

2016/10/03
Committee: JURI

Constance LE GRIP

Proposal for a regulation
Article 2 – point c

(c) "“Member State of residence"” means the Member State where the subscriber ~~is habitually residing~~has his main permanent residence, where he is currently and actually residing, and to which he or she returns regularly;

2016/10/03
Committee: JURI

Constance LE GRIP

Proposal for a regulation
Article 2 – point d

(d) "Temporarily present" means a transient presence of a subscriber in a Member State other than the Member State of residence, for one or more limited periods of time during a year;

2016/10/03
Committee: JURI

Constance LE GRIP

Proposal for a regulation
Article 3 – paragraph 3 a (new)

~~(The wrong numbering in the French version of the Commission proposal should be corrected. Paragraph 3a (new) should correspond to a point (4a) in the Commission’s~~3a. Contractual clauses designed to limit, whether wholly or partially, the service provider’s obligations as set out in this Article shall be non-applicable within the context of this Regulation, unless they have been drawn up under Articles 3b and 3c. proposal.)

2016/10/03
Committee: JURI

Constance LE GRIP

Proposal for a regulation
Article 3 a (new)

Article 3a Cross-border portability of online content services provided free of charge 1. A provider of online content services provided free of charge may opt to permit its users who are temporarily present in a Member State other than their Member State of residence to access and use the online content service subject to compliance with the obligation to verify the Member State of residence of users in accordance with Article 3b. 2. If a provider of online content services provided free of charge opts to provide the service in accordance with paragraph 1, it shall inform its users and the rights holders before actually providing the service. 3. If a provider of online content services provided free of charge opts to provide the online content service in accordance with paragraph 1, this Regulation shall apply to it.

2016/10/03
Committee: JURI

Constance LE GRIP

Proposal for a regulation
Article 3 b (new)

Article 3b Verification of the subscriber's Member State of residence 1. Providers of online content services provided in return for payment and providers of online content services provided free of charge who have opted to provide a service in accordance with Article 3a shall use effective methods to verify the Member State of residence of their subscribers. These methods shall be reasonable and shall not go beyond what is necessary in order to achieve that purpose. 2. The rights holders or those holding any other rights in the content of an online content service may authorise access to this content and use of it without verification of the subscriber’s Member State of residence within the context of this Regulation, provided that the online content service provider has obtained the right to incorporate that content in its service in all Member States. 3. In order to comply with the obligation set out in paragraph 1, online content service providers shall use one or more of the verification criteria from among those listed below. If it considers that it is not possible to identify reliably and officially a subscriber’s Member State of residence using just one of these criteria, the online content service provider may rely on a combination of the verification criteria listed below: (a) an identity card, electronic identity card or any other valid document confirming the subscriber’s Member State of residence; (b) bank details such as the bank account or credit or debit card of the subscriber in his Member State of residence; (c) the place of installation of a decoder or any similar equipment used by the subscriber to access the services concerned; (d) an internet or telephone service supply contract or any similar type of contract linking the subscriber to a Member State; (e) the payment by the subscriber of a licence fee for other services provided in the Member State, such as public service broadcasting; (f) the payment of local taxes, if the information concerned is publicly available. 4. Where it is not possible, using the verification criteria referred to in paragraph 3, or a combination of them, to identify in a relevant manner a subscriber’s Member State of residence, the online content service provider and the rights holders may decide to rely on any other verification criterion that has been agreed in advance between them, provided that this criterion offers at least the same level of security, and it does not undermine the contract in force. (5) The provider of an online content service shall be entitled to request a subscriber to provide the information needed to verify his Member State of residence. If the subscriber decides not to provide the information requested by the online content service provider in order to verify his Member State of residence, the provider cannot allow the subscriber to access the online content service to which he is subscribed or to use it while he is temporarily present in another Member State, for so long as it is impossible to verify the subscriber‘s Member State of residence by means of the verification criteria listed in paragraph 3. 6. The rights holders or those holding any other rights in the content of an online content service shall be informed of the verification process used by the service provider to verify the Member State of residence of a subscriber.

2016/10/03
Committee: JURI

Constance LE GRIP

Proposal for a regulation
Article 3 c (new)

Article 3c Verification of the temporary nature of presence in a Member State other than the Member State of residence 1. An online content service provider may make random checks, throughout the contract, on a subscriber’s IP address, for the sole purpose of identifying frequency of access to this service and use of it outside the subscriber’s Member State of residence. 2. The information collected under this Article may not be processed or stored in such a way as to establish the precise location of the subscriber. 3. Where the results of the checks referred to in paragraph 1 would seem to cast doubt upon the temporary nature of the subscriber’s presence in another Member State, the online content service provider may ask him again for any item of information required to verify his Member State of residence in accordance with Article 3b(3) and (4). (4) The rights holders or those holding any other rights in the content of an online content service shall be informed of the verification process used by the service provider to verify the temporary nature of a subscriber’s presence in a Member State other than his Member State of residence.

2016/10/03
Committee: JURI

Constance LE GRIP

Proposal for a regulation
Article 5 – paragraph 1

~~(5)~~ Any contractual provisions 1. including those between holders of copyright and related rights, those holding any other rights relevant for the use of content in online content services and service providers, as well as between service providers and subscribers which are contrary to ~~Articles 3(1) and 4~~this Regulation shall be unenforceable. (The wrong numbering in the French version of the Commission proposal should be corrected.)

2016/10/03
Committee: JURI

Constance LE GRIP

Proposal for a regulation
Article 8 – paragraph 2

~~(8)~~2. It shall apply from [date: 612 months following the day of its publication]. ~~(The wrong numbering in the French version of the Commission proposal should be corrected.)~~

2016/10/03
Committee: JURI

10 Amendments of Constance LE GRIP related to 2015/0284(COD)

ParlTrack - 2011-2024