43 Amendments of Birgit COLLIN-LANGEN related to 2016/2276(INI)
Amendment 7 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the raison d'être of the digital single market is to avoid fragmentation between national legislations and to abolish technical, legal and tax barriers to allow businesses, citizens and consumers to fully benefit from digital tools and services;
Amendment 41 #
Motion for a resolution
Recital E
Recital E
E. whereas numerous online platforms not only provide access to goods and services, but also play a more activen important role in relation to consumers and other actors;
Amendment 46 #
Motion for a resolution
Recital F
Recital F
F. whereas the Commission is carrying out a number of assessments of consumer protection rules and B2B practices engaged in by online platforms towards their business users;
Amendment 50 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas numerous consultations with consumers and other stakeholders have proved that the terms of use and conditions provided by internet platforms in many cases are lacking clarity and user-friendly form;
Amendment 51 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas some online platforms serve as gateways, serious concerns arise when they become gatekeepers restricting access to consumers and to business opportunities, in particular where they also compete directly in downstream markets, for which they control access to ;
Amendment 80 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that, although many pieces of EU legislation apply to online platforms, it is frequently the case that they are not enforced properly or have not been adapted to the online world; believes, therefore, that a consideration should be given to the question of whether there is a need to complement the current legal framework in order to remedy this situation;
Amendment 91 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. NoteRegrets that there is currently no consensus on the definition of online platforms due to the multitude of different types of platforms, which may lead to uncertainty for businesses and to fragmentation of the EU’s internal market through a proliferation of regional or national rules; stresses the difficulties to regulate a concept which is not even defined at the European level;
Amendment 101 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission’'s ongoing work on online platforms, including consultations of stakeholders and carrying out an impact assessment, and considers that Online Platforms shall be defined at the European level taking into account their characteristics and differences, such as their sector of activities and the level of interaction to avoid any fragmentation in the EU;
Amendment 114 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that certain features ofonline platforms are, to a greater or lesser extent, characterise online platforms, such asd by certain common features which include their operating in multi-sided markets, enabling parties belonging to two or more distinct user groups to enter into direct contact by electronic means, offering online services based on the classification or referencing of content, goods or services proposed or put on-line by third parties, the bringing together of several parties with a view to the sale of a good, the provision of a service or the exchange or sharing of content, goods or services;
Amendment 138 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that online platforms take advantage of the enormous and ever- increasing number of mobileconnected devices;
Amendment 147 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the increasingly widespread use of smartphones and tablet, tablets and internet of things has further extended access to online platforms, thereby enhancing their role in the economy and society, particularly among young people;
Amendment 158 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to continue to promote the growth of European online platforms and strengthen their ability to compete globally; regrets the EU’s low share of online platform-firms in terms of market capitalisation on online platforms; stresses the importance of removing obstacles that hamper the smooth operation of online platforms across borders and disrupt the functioning of the European digital sinternalgle market;
Amendment 177 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Emphasises that simplified rules should apply to newly established firms and new online platforms and that they should also benefit SMEs;
Amendment 186 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that some online platforms realisenable the collaborative economy; welcomes the Commission communication on the collaborative economy, which supports the development of new business models; stresses that these new business models offer new services and greater choice for consumers as well as provide flexibility for employees;
Amendment 207 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that a clear-cut and level playing field is needed in order to allow online platforms to comply with their responsibilities and the rules on liability and calls on the Commission to develop further steps to that effect;
Amendment 219 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that certain stakeholders are dissatisfied with the current rules on liability and find it insufficiently clear and welcomes the Commission’s undertaking to publish guidelinesance on intermediary liability; calls on the Commission to draw attention to the differences between the online and offline world and to create a level playing field for comparable services online and offline;
Amendment 230 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the liability rules for online platforms should allow the tackling of issues related to illegal goods and illegal and harmful content in an efficient manner, for instance by respecting the duty of care, while maintaining a balanced and business- friendly approach;
Amendment 242 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the need for online platforms to prevent illegal goods and illegal and inappropriate content and unfair practices through regulatory, effective co- and self- regulatory or hybrid measures; stresses the importance of online platforms playing a proactive role in tackling illegal goods and illegal and inappropriate content and taking immediate action to remove illegal or inappropriate content if such content slips through preventive monitoring; stresses that in cases where these co- and self-regulatory measures prove to be inefficient to achieve the required aim, Member States remain free to adopt regulatory measures;
Amendment 267 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that online platforms should develop more effective voluntary measures and technical means of identifying and eliminating access to illegal goods and harmful content;
Amendment 273 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Invites the Commission to rapidly conclude its review of the need for formal notice-and-action procedures as a promising way to strengthen the liability regime in a harmonised way across the EU;
Amendment 275 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Believes that the compliance with the General Data Protection Regulation and Network and Information Security Directive is essential as regards data ownership, access and transferability, as well as liability;
Amendment 295 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Draws attention to the fact that the size of online platforms varies from global giants to micro-enterprises; stresses the importance of fair and effective competition between online platforms to avoid the creation of monopolies that distort the markets; stresses that facilitating the switching between online platforms or online services is an essential measure in preventing market failures and in avoiding lock-in situations;
Amendment 306 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines that possible reforms of the existing regulatory framework should concentrate on the harmonisation of rules and reducing regulatory fragmentation; emphasises the need to avoid over- regulation; stresses the importance of technologyical neutrality and having the same rules apply online and offline;
Amendment 314 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Emphasises that simplified rules should apply to newly established firms and new online platforms; points out that such rules would also benefit SMEs and give SMEs and start-ups a better competitive toehold from the outset;
Amendment 320 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Underlines that the Internet of the future cannot succeed without users’ trust in online platforms, greater transparency, better control of ranking systems and advertising, and online platforms respecting all applicable legislation and the legitimate interests of users;
Amendment 326 #
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Points out that many online platforms draw on customer evaluations and that a good many suppliers gain a competitive advantage through false evaluations; stresses, therefore, that checks should be carried out to determine whether evaluations are genuine;
Amendment 345 #
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Welcomes the Commission intention to further assess any additional need to update existing consumer protection rules in relation to platforms as part of the REFIT check of EU consumer and marketing law in 2017;
Amendment 347 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Encourages online platforms to provide clear, comprehensive and user- friendly ways of presenting their terms and conditions in order to enhance consumer protection and bolster trust; considers that online platforms should fully respect existing EU legislation and should avoid using complex terms and conditions that are hardly understandable for consumers;
Amendment 356 #
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Underlines that monopolies, concentration and in particular abuse of dominant position, must be avoided and stresses also that dominant online platforms should not impose disproportionate obligations on consumers or business users;
Amendment 357 #
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32 b. Stresses that transparency and impartiality are vital principles in this economy and that even complex algorithms have to respect them;
Amendment 358 #
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
32 c. Welcomes the Update of the Guidance of the UCPD which aims to make clearer how the Directive should be applied in the ecosystem of online platforms;
Amendment 359 #
Motion for a resolution
Paragraph 32 d (new)
Paragraph 32 d (new)
32 d. Stresses the importance of greater transparency for users to understand how the information presented to them is filtered, shaped or personalised;
Amendment 360 #
Motion for a resolution
Paragraph 32 e (new)
Paragraph 32 e (new)
32 e. Underlines that differences between sponsored and any other content must be clearly made, and that criteria used to rank offers of information, such as in search engines or comparison sites, must be known;
Amendment 361 #
Motion for a resolution
Paragraph 32 f (new)
Paragraph 32 f (new)
32 f. Believes that online platform providers should inform consumers about the ranking systems and principles, including the sponsored search results and online rating and review systems in a clear and visible manner in order to enable an informed choice;
Amendment 376 #
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Considers that, in order to ensure a balanced approach and avoid the over- regulation, criteria and a market power threshold should be defined to include those platforms that are gatekeepers and control access to the final consumers; considers that a focused legislative instrument, based on principles only applicable to these platforms, should prohibit a certain set of practices, in particular where they are detrimental to consumers and market competitiveness;
Amendment 380 #
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Commission to assess the current Intellectual Property Rights (IPR) Enforcement Directive6 , in order to ascertain how to contribute more effectivelyoblige all intermediaries in the value chain, including internet service providers, to contribute to the fight against counterfeiting by adopttaking proactive, proportionate and effective measures to prevent the marketing, promotion and distribution of counterfeited goods; _________________ 6 OJ L 195, 2.6.2004, p. 16.
Amendment 431 #
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40 b. Welcomes the targeted fact-finding exercise on B2B practices to be conducted by Commission by spring 2017 and urges to present effective steps to ensure fair competition;
Amendment 436 #
Motion for a resolution
Paragraph 42
Paragraph 42
42. WHaving in mind the recent revelations involving big digital companies and their tax planning practices in the EU, welcomes the efforts made by the Commission to fight tax avoidance and harmful competition and calls on the Member States and the Commission to propose further reforms to prevent tax avoidance practices in the EU;
Amendment 440 #
Motion for a resolution
Paragraph 43
Paragraph 43
43. Points to the differences in the legal landscape in the 28 Member States and the specificities of the digital sector in which the physical presence of a company in the country of the market is often not needed and calls on the Member States to adjust the value-added tax (VAT) system according to the country-of-destination principle7 ; considers that this would be more adapted to the digital environment and would make easier for tax administrations to collect it; _________________ 7 European Parliament resolution of 24 November 2016 on towards a definitive VAT system and fighting VAT fraud, P8_TA(2016)0453.
Amendment 450 #
Motion for a resolution
Paragraph 44
Paragraph 44
44. Regrets that the EU’s presence in the world market is barely felt, in particular due to the current fragmentation of the digital market, legal uncertainty and the lack of financing and capacity to market technological innovations, which make it difficult for European companies to become world leaders in this new globally competitive economy;
Amendment 460 #
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45 a. Considers that the EU must now establish a positive agenda to imagine the world of tomorrow and carve out a central role within it;
Amendment 461 #
Motion for a resolution
Paragraph 45 b (new)
Paragraph 45 b (new)
45 b. Believes that Europe has the potential to become a major player in the digital world and considers that the EU should pave the way for an innovation- friendly climate in Europe by ensuring a watertight legal framework protecting all stakeholders;
Amendment 462 #
Motion for a resolution
Paragraph 45 c (new)
Paragraph 45 c (new)
45 c. Calls on the European Institutions to foster the development of European start-ups and help set up market-leading European online platforms, provide suitable financing arrangements, protect consumers (e.g. by establishing a European fairness rating agency with legal and technical expertise for instance), and adopt the necessary rules;