Activities of Kaja KALLAS related to 2017/2003(INI)
Plenary speeches (1)
European agenda for the collaborative economy - Online platforms and the Digital Single Market (debate)
Amendments (45)
Amendment 10 #
Draft opinion
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) considers it necessary to distinguish between profit-based and cost- sharing collaborative economies; notes that their respective users should not be subject the same legal requirements, specific rights and obligations being applicable in each case;
Amendment 27 #
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that ICTs allow innovative ideas within the collaborative economiesy to evolve quickly and efficiently, while connecting and empowering participantusers, reducing the need for intermediation, decreasing direct costs and overheads, channelling rich information flows and reinforcing trust between peers;
Amendment 27 #
Motion for a resolution
Recital B d (new)
Recital B d (new)
B d. whereas the flexibility and ease of entry inherent in the collaborative economy can provide employment opportunities for groups traditionally excluded from the labour market, in particular women, young people and migrants; whereas collaborative economy services can provide a good way of becoming self-employed and promote a culture of entrepreneurship;
Amendment 40 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that, if developed in a responsible manner, the collaborative economy may create significant opportunities for citizens and consumers, who benefit from enhanced competition, tailored services and lower prices; underlines that the growth in this sector is consumer driven and lead to greater consumer empowerment;
Amendment 43 #
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that the sharing of underused assets releases a wealth of positive environmental and other externalitiesassets makes it possible for all parties to make optimum use of them, thus making industries and services more resource- efficient, lowers the up-front costs of market entry and creates opportunities, while conforming to EU growth and environment objectives;
Amendment 48 #
Draft opinion
Paragraph 3 – point 1 (new)
Paragraph 3 – point 1 (new)
(1) stresses the importance of ensuring easier access to funding for small and medium-sized enterprises in the collaborative economy through various channels, such as banking, capital markets, public funds and crowdfunding;
Amendment 53 #
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that the collaborative economies thrive in communities in which knowledge- and education-sharing models are strong, thereby consolidatingy could be a catalyst for a culture of open innovation, supporting open- sourced hardware and software, and expanding our heritage of common goods and creative commons;
Amendment 57 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Acknowledges, at the same time, that the collaborative economy is having a profound impact on long-established business models; underlines the risk of having different legal standards for similar economic actors; is concerned about the risk of reducing consumer protection, workers’ rights and tax compliance; acknowledges the effects that collaborative businesses are having on the urban environment;
Amendment 66 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes the raise of peer reviews and forums as a part of the collaborative and wider economy; welcomes this and agrees with the Commission that these could serve as means to address asymmetric information exchanges; underlines that such reviews and forums are efficient means to ensure better information exchange, better consumer service and complaint resolutions;
Amendment 68 #
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to ensure that the EU develops the highest international standards, in cooperation with entrepreneurs, regarding (a) social protection for ‘workpreneurs’ in collaborative economies, (b) safety guarantees for the customers of collaborative economies, and (c) cohabitation synergies with traditional business models based on modernisation where necessary of welfare systems and employment legislation, (b) safety guarantees for the customers of collaborative economies through private sector-driven safety features such as reviews, digital identity, or insurance ;
Amendment 69 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points to the risks of increasing regulatory grey areas, the consequent disregard of existing regulations and the fragmentation of the Single Market; is aware that, if not properly governed, these changes could result in legal uncertainty about applicable rules and constraints in exercising individual rightscurrent fragmentation of the single market due to diverging approaches taken at local and national levels, the lack of coordination between Member states and the lack of enforcement from the European Commission; is deeply concerned about the negative impact of legal uncertainty and complexity of rules on European start ups and social organisations involved the collaborative economy;
Amendment 70 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points to the risks of increasing regulatory grey areas, the consequent disregard of existing regulations and the fragmentation of the Single Marketconfusion by companies and regulators as to how to apply existing regulations and directives which has lead to greater fragmentation of the Single Market by regional and national authorities; is aware that, if not properly governed, these changesis confusion could result in legal uncertainty about applicable rules and constraints in exercising individual rights;
Amendment 79 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers the development of a harmonised, dynamic and clear legal environment to be of paramount importance for the collaborative economy to flourish in the EU;
Amendment 80 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission and on Member States to open non-exclusive, experimentation-oriented spaces for collaborative economies and to promote guidelines on this matter in European, national and local legislation, while fostering digital connectivity and literacy,ensure digital connectivity and literacy, in order to foster an environment that supportings European entrepreneurs and incentivising Industry 4.0the development of innovation hubs;
Amendment 89 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises the need to consider the collaborative economy not only as a business modelcollection of new business models to offer goods and services but also as a new form of integration between the economy and society which is able to embed economic relations within social ones and to create new forms of community;
Amendment 93 #
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to ensure that EU legislation and policies are future- friendly and provide legal certainty and stability in order to unleash the full potential of the collaborative economiesy for EU businesses and citizens, while redefining and modernising – where necessary – the concepts of ‘work/service’, ‘workage-earner’ and ‘service provider’;
Amendment 98 #
Draft opinion
Paragraph 7 – subparagraph 1 (new)
Paragraph 7 – subparagraph 1 (new)
Calls on the Commission, in order to facilitate the emergence of players at not only European but also international level, to address national market fragmentation by means of a harmonised regulatory framework;
Amendment 100 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that national and local rules that are not justified and proportionate not only constitute barriers to the single market contrary to EU legislation but also hinder the creation and scale up of start-ups; Calls therefore on the European Commission to enforce in a proactive manner single market legislation ;
Amendment 125 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that, while a large part of the nascent it is not always completely clear which EU regulations apply to all sectors of the collaborative economy remains unregulated,and this has lead to significant differences are emerging among Member States due to national, regional and local regulations, as well as case-law, posing a risk ofwhich has only furthered fragmentation of the Single Market;
Amendment 141 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Underlines the existing legislation of the Services Directive and the failure to fully implement it in practice by many Member States; calls on the Commission to launch further infringement actions against those Member States, who despite having transposed the Directive, have not ensure that it is respected by local and regional authorities; urges the Commission to increase the speed by which infringement and competition cases are handled in order to allow for swift resolutions for both companies and individuals;
Amendment 146 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Agrees that, in line with the EU Treaty and applicable secondary legislation, any market access requirements for collaborative platforms and service providers must be necessary, justified and proportionate, and that this assessment should be dependent on whether services are provided by professional or private individuals, making to meet legitimate public interest objectives as set out in the Services Directive; recalls that the Service Directive includes an obligation for Member States' authorities to review existing legislation and remove such market restrictions; believes that peer providers should be subject to lighter legal requirements;
Amendment 149 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Agrees that market access requirements for collaborative platforms and service providers must be necessary, justified and proportionate, and that this assessment should be dependent on whether services are provided by professional or private individuals, making peer providers subject to lighter or no legal requirements;
Amendment 156 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Agrees with the Communication that when assessing whether market access and other requirements meet the conditions of the Services Directive, Member States should take into account the specific features of collaborative economy business models; is of the same understanding as the Council's Collaborative Economy Discussion Paper that not everything that has historically been considered justified and proportionate in an economic sector is automatically also justified and proportionate in the collaborative economy;
Amendment 163 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Underlines that any thresholds based on income levels must take into account the important differences in income levels and prices across the Member States, stresses that there can be no 'one-size-fits-all' EU income threshold;
Amendment 166 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that peer providers, in most cases being private individuals offering services on an occasional basis, should not fall under the definition of professional service providers, and thresholds can be useful in that respect to exempt peers from legal requirements. Draws attention, at the same time, to the risk that establishing thresholds may not only create a disparity between micro and small businesses on the one side, and peers on the other; calls therefore for the legislation applicable to professional service providers to be revised in order to level the playing field among comparable categories of service providers and to remove unnecessary regulatory burdens but also create disparity between cities, regions and member states when different thresholds are set at local, regional or national levels ; calls therefore for the legislation applicable to professional service providers to be simplified and modernised to remove unnecessary regulatory burdens and ensure that legal requirements are proportionate, necessary and non discriminatory;
Amendment 171 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that consumers should enjoy a high and effective level of protection, regardless of whether services are provided by professionals or peers; highlights, in particular, the importance of protecting consumers in peer-to-peer transactions; welcomes the Commission’s initiative to ensure the adequacy of consumer law and preventing abuse of the collaborative economy; Stresses however that this initiative should take into account consumers and platforms behaviors in the collaborative economy, consumers being more active and empowered than in traditional markets, and collaborative economy platforms more reactive and agile with regard to consumer satisfaction, their business model being largely based on trust ;
Amendment 184 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that, in many cases, rules for protecting consumers are still needed in the collaborative economy, especially due to where there is persisting asymmetric information or lack of choice ; Stresses therefore that the need for consumer protection should be based first and foremost on an assessment on the extent to which technology solves asymmetry of information ;
Amendment 195 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to clarifUnderlines that the Ecommerce framework fully applies to the collaborative economy platforms, therefore online platforms should benefit from the limited liability regime according to the conditions set out by the Ecollaborative platforms liability regime, which couldmmerce directive. Acknowledges however the lack of legal certainty and clarity in defining the level of control and knowledge a platform has over the information it hosts. Calls on the Commission to provide further guidance on the application of the criteria that indicate whether a platform is providing an underlying service or is merely an hosting provider and on the possibilities for hosting providers to take voluntary measures to enhance responsible behaviour and increase user confidence;
Amendment 217 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Believes that any new regulation should leveragefocus on ex-post regulation instead of ex-ante and that platforms’ self- governing capacities and peer-review should be leveraged to the greatest extent possible; is convinced that collaborative platforms themselves could take an active role in such a new regulatory environment by correcting many asymmetric information and other market failures which have been traditionally addressed through regulation, especially by digital trust-building mechanisms;
Amendment 241 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Points out the crucial importance of clarifying methods by which decisions basedenabling the auditing onf algorithms are taken and of guaranteeing algorithm fairness; emphasises the need to verify the potential harm to privacy caused by big data, to assess the impact of data on different segments of society and to prevent discrimination; calls on the Commission to lay down effective criteria for developutomated decision-making systems; emphasises the need to verify the effects of algorithms by independent third parties; calls on the Commission to engage with Member States, the private sector and relevant regulators ing algorithm accountability principles for information-based collaborative platfor structured dialogue in order to lay down sector-specific criteria for holding information-based collaborative platforms to account for the negligent use of automated decision- making systems;
Amendment 248 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. ICalls convinced that the Commission to assess in order to prevent further fragmentation of the single market whether a common EU horizontal and harmonised regulatory framework, consisting of a combination of general principles and specific rules, needs to be developed, in addition to any sector- specific regulation that might be needed ;
Amendment 256 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Is deeply concerned of the impact of unjustified market access requirements taken in numerous member states on innovation in Europe; Calls on the Commission for an ambitious and more effective enforcement framework , and to support the Member States in developing a strong culture of compliance and enforcement;
Amendment 264 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Welcomes that the rise of the collaborative economy has brought greater competition and has challenged existing operators to focus on consumers' real demands, consumer service and a better service to cost ratio; underlines that the collaborative economy is positive even for those individuals that do not directly take part in it;
Amendment 268 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is concerned about the difficulties that have emerged so far in relation to tax compliance and enforcement, despite the increased traceability of economic transactions via online plStresses the increased traceability of economic transactions via online platforms which should lead to greater tax compliance and enforcement; asks that the Member States to seek, based on these best practices, greater tax compliance and enforcement within traditional market operatforms as well;
Amendment 270 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is concerned about the difficulties that have emerged so far in relation to tax compliance and enforcement, despite the increased traceability of economic transactions via online platforms; Underlines that public-private cooperation with regard to tax and social security compliance has proven successful in some Member States ; Stresses therefore the role competent authorities should play in engaging with platforms to develop effective and innovative solutions that facilitate compliance and the role of the European Commission in facilitating exchange of best practices and reuse of technological solutions;
Amendment 291 #
Motion for a resolution
Subheading 5
Subheading 5
Impact on labour market and workers’ rights
Amendment 292 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Emphasises that the digital revolution is having a profound impact on the labour market and that emerging trends in the collaborative economy are part of a broader tendency; of transformation of the society and economy from a vertical hierarchical structure to a more horizontal structure; believes that the collaborative economy provides workers with more flexibility, autonomy, and opportunities that represents this shift in behaviors and therefore requires modernisation of employment and welfare systems ; Stresses in that regard that modernisation should imply to reform a system that should no longer be based on open-ended contracts, which are no longer the norm, but at the level of the labour market, to ensure that all workers benefit from social protection.
Amendment 300 #
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 311 #
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 334 #
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 339 #
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Regrets that local governments' responses to the development of collaborative business models has so far been very fragmented and in some cases inconsistent with the potential and benefits of the development of this sector, as well as contrary to consumer expectations; considers that a coordinated overall European-level action is needed to prevent local and regional authorities from adopting rules that are inconsistent with EU law;
Amendment 341 #
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35 b. calls on the Member States to comply with, and fully implement, the Electronic Commerce Directive (Directive 2000/31/EC) and the Services Directive (Directive 2006/123/EC); maintains that the free movement of service providers and freedom of establishment, as provided for in Articles 56 and 49 TFEU respectively, are essential in order to realise the European dimension of services and hence of the internal market;
Amendment 342 #
Motion for a resolution
Paragraph 35 c (new)
Paragraph 35 c (new)
35 c. Calls on the Member States to put an end to over-regulation, which is often protectionist in nature and inhibit the advantages of new market entries in order to protect established market players and other social actors; believes it is necessary for Member States to refrain from uncoordinated actions and unwarranted restrictive unilateral measures against collaborative economy companies;
Amendment 359 #
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Calls on the Commission to be proactive in encouraging public-private cooperation in particular with regard to the take up of e-IDs, to increase consumers and service providers trust in online transactions, building on the EU framework for mutual recognition of Eids, and to address other existing barriers to the growth of the collaborative economy, such as obstacles to providing crossborder insurance schemes ;
Amendment 363 #
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Notes that services provided by SMEs in the collaborative economy sector are not always sufficiently tailored to the needs of persons with disabilities and the elderly; calls for tools and programmes aimed at supporting these operators to take into account the needs of persons with disabilities;