16 Amendments of Birgit COLLIN-LANGEN related to 2015/0284(COD)
Amendment 30 #
Proposal for a regulation
Recital 2
Recital 2
(2) The technological developmentdevelopment of technology and innovative services leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers' location. There is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another Member State of the Union.
Amendment 41 #
Proposal for a regulation
Recital 3
Recital 3
(3) Consumers increasingly enter into contractual arrangements with service providers for the provision of online content services. However, consumers that are temporarily present in another Member State of the Union often cannot access and use the online content services that they have acquired the right to use in their home countryMember State of residence.
Amendment 43 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) A person should be deemed to be present not merely temporarily if they stay in the same place for at least six months, with the proviso that brief interruptions should be disregarded. A person should be deemed to be present temporarily if the stay is limited to a particular period of less than 6 months.
Amendment 65 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Subscribers also often encounter difficulties when they wish to use their paid-for on-line content services in a Member State other than their Member State of residence.
Amendment 71 #
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should, therefore, apply to online content services that a service provider, after having obtained the relevant rights from right holders in a given territory, provides to its subscribers on the basis of a contract, by any means including streaming, downloading or any other technique which allows use of that content online. A registration to receive content alerts or a mere acceptance of HTML cookies should not be regarded as a contract for the provision of online content service for the purposes of this Regulation.
Amendment 76 #
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should apply only to online content services which subscribers can effectively access and use in their Member State in which they habituallyof residence without being limited to a specific location, as it is not appropriate to require service providers that do not offer portable services in their home countryMember State of residence to do so across borders.
Amendment 80 #
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation should apply to online content services which are provided against payment of money. Providers of such services are in a position to verify the Member State of residence of their subscribers. The right to use an online content service should be regarded as acquired against payment of money whether such payment is made directly to the provider of the online content service, or to another party such as a provider offering a package combining a telecommunications service and an online content service operated by another provider. The payment of a universal mandatory fee such as a broadcasting license fee should not be regarded as a payment in the context of this Regulation.
Amendment 98 #
Proposal for a regulation
Recital 19
Recital 19
(19) Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shall not be liable if the quality of delivery of the service is lower. Nevertheless, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shall be bound by such agreement. The provider should provide its subscribers in advance with general information concerning the quality of delivery of an online content service in Member States other than their Member State of residence, in particular information that the quality of delivery may vary from the quality of delivery of the online content service in the Member State of residence. Such information may be provided on the provider's website.
Amendment 103 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure that providers of online content services comply with the obligation to provide cross-border portability of their services without acquiring the relevant rights in another Member State, it is necessary to stipulate that those service providers which lawfully provide portable online content services in the Member State of residence of subscribers in return for payment are always entitled to provide such services to those subscribers when they are temporarily present in another Member State. This should be achieved by establishing that the provision, the access to and the use of such online content service should be deemed to occur in the Member State of the subscriber's residence. This Regulation and in particular the legal mechanism localising the provision of, the access to, and the use of an online content service in the Member State of the subscriber's residence should not prevent a provider from offering its subscriber who is temporarily present in another Member State an online content service that the provider lawfully provides in that Member State.
Amendment 125 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Verification means may include checking of IP addresses on the basis of random sampling instead of constant monitoring of location. Considering that for purposes of the verification what matters is not the precise location, but rather the subscriber’s temporary presence in another Member State while accessing the service, precise location data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required.
Amendment 133 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) The above principles should also apply to subscribers who are in a Member State other than their Member State of residence. In that case they should be informed about the necessary technical and organisational measures. The necessary technical and organisational measures should include their providing subscribers with transparent information about the methods and purposes of checking and taking appropriate safety precautions.
Amendment 159 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) "Member State of residence" means the Member State where the subscriber is habitually residing;, where he is not only staying temporarily and to which he regularly returns.
Amendment 166 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Temporarily present" means a presence of a subscriber in a Member State other than the Member State of residence that is limited to a certain period;
Amendment 177 #
Proposal for a regulation
Article 2 – paragraph 1 – point e – point 2
Article 2 – paragraph 1 – point e – point 2
Amendment 181 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
Amendment 211 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)