66 Amendments of Miroslav POCHE related to 2016/2276(INI)
Amendment 2 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users' rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union1a , _________________ 1a OJ L 310, 26.11.2015, p.1.
Amendment 4 #
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
- having regard to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 531/2012 as regards rules for wholesale roaming markets (COM(2016)0399),
Amendment 6 #
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to the opinion of the European Economic and Social Committee on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Online Platforms and the Digital Single Market - Opportunities and Challenges for Europe,
Amendment 21 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas platforms have become the reference point of the internet economy; whereas platforms have evolved into hubs that coordinate and control the central nodes of the internet and nothing runs in the net without them; whereas the volume of data these platforms handle and the bandwidth they need are growing exponentially;
Amendment 24 #
Motion for a resolution
Recital C
Recital C
C. whereas the evolving development and use of internet platforms for a wide set of activities, including commercial activities and sharing goods and services, have changed the ways in which consumers and other users interact with content providerinteract with other individuals who offer goods and services, and with content providers; whereas this has expanded and changed the way citizens, companies and their employees communicate, access information and knowledge, consume, share, work or develop new ideas and businesses;
Amendment 29 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas Union policies and legislation in the field of online platforms should foster new opportunities for citizens and businesses, in particular SMEs and start-ups;
Amendment 31 #
Motion for a resolution
Recital D
Recital D
D. whereas the e-Commerce Directive exempts intermediaries from liability for content only if they play a neutral, merely technical and passive role in relation to the hosted contenttransmitted and/or hosted content but requires as well an expeditious reaction to remove or disable access to content when an intermediary has actual knowledge of infringement or illegal activity or information;
Amendment 37 #
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 active role in relation to consumers and other actors, by for example optimising the presentation of content to give knowledge of the activity on their platforms, thus not being entitled to claim for the liability exemption established in the e-Commerce Directive;
Amendment 43 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas some online platforms serve as gateways, concerns arise when they become gatekeepers, in particular where they also compete directly in downstream markets, for which they control access to;
Amendment 45 #
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 and should also further consider the consumer-to-consumer (C2C) practices;
Amendment 48 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas platforms play a strategic and irreplaceable role in the connected society; whereas a number of digital platforms occupy dominant competitive positions in their respective sectors, thus posing serious concerns regarding market dominance and antitrust law;
Amendment 52 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas Europe is a significant global actor in the app economy with EU developers accounting for 42% of global consumer app revenue and being the second world player in terms of the number of app downloads;
Amendment 53 #
Motion for a resolution
Recital F c (new)
Recital F c (new)
F c. whereas Europe is very good at inventing new technologies and digital concepts but struggles with the commercialization of ideas, including in the area of online platforms where its performance is poor;
Amendment 54 #
Motion for a resolution
Recital F d (new)
Recital F d (new)
F d. whereas according to a 2016 study on the rise of the platform enterprise only 25 of the total 176 platforms studied were European, accounting for a little over 4% of market value;
Amendment 55 #
Motion for a resolution
Recital F e (new)
Recital F e (new)
F e. whereas some forecasts predict that by 2020, the main online marketplaces may account for up to 40% of the retail market globally;
Amendment 56 #
Motion for a resolution
Recital F f (new)
Recital F f (new)
F f. whereas according to the Report on EU customs enforcement of IPR - 2015, customs authorities made over 81.000 detentions, consisting of a total of 43,7 million articles with a domestic retail value of the detained articles representing over 640 million euros; whereas in the last decennium the number of applications lodged by right-holders requesting customs to take action in cases where a suspicion exists that an IPR is infringed has tripled;
Amendment 57 #
Motion for a resolution
Recital F g (new)
Recital F g (new)
F g. whereas creativity and innovation are the drivers of the digital economy and whereas it is therefore essential to ensure a high level of protection of intellectual property rights;
Amendment 58 #
Motion for a resolution
Recital F h (new)
Recital F h (new)
F h. whereas there is a necessity of a coherent EU approach to tackle the risk of fragmentation of the Digital Single Market since some Member States are already introducing specific measures to counter unfair trading practices;
Amendment 59 #
Motion for a resolution
Recital F i (new)
Recital F i (new)
F i. whereas the increasing digitalisation on the world of work is having a major impact in redefining jobs, modes of organisation and contractual relations between workers and businesses; whereas there is a need to ensure full compliance with labour and social rights in the digital world of work;
Amendment 60 #
Motion for a resolution
Recital F j (new)
Recital F j (new)
F j. whereas there is an urgent need to tackle all the fiscal aspects related to the activity of online platforms, in order to guarantee that taxes are paid where revenues are generated and services are provided and eradicate special tax treatments that allow certain enterprises, such as some technology giants, to reduce the payment of taxes to a minimum;
Amendment 63 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the communication on ‘Online Platforms and the Digital Single Market - Opportunities and Challenges for Europe’; shares the four principles established as a general rule when elaborating responses to issues related to online platforms but regrets the absence of the social dimension of online platforms; demands the inclusion of a fifth principle taking into account the need to guarantee fair working conditions, adequate social protection, occupational health and safety, training, collective bargaining and union rights to all platforms' workers;
Amendment 66 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the different initiatives already proposed under the Digital Single Market Strategy for Europe; considers that achieving a digital single market is essential for fostering the EU’s competitiveness, creating high-quality and highly skilled jobs and the growth of the digital economy in Europe;
Amendment 69 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reminds that the backbone of a competitive and inclusive Digital Single Market is an affordable access to high quality broadband infrastructure for all;
Amendment 72 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges that online platforms benefit today’'s digital economy and society by innovating, increasing the choices available to consumers and creating and shaping new markets; points out, however, that online platforms present new policy and regulatory challenges not the least of which is the complete redefinition of labour market and compliance with antitrust law;
Amendment 82 #
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; calls on the Commission to urgently and properly assess and identify where a regulatory intervention is most needed;
Amendment 102 #
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; urges the Commission to accelerate this work in order to provide and in-depth insight on this sector and make, if needed, new regulatory proposals;
Amendment 106 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that, although online platforms operate within a highly diverse range of activities, such as e-commerce, the media, search engines, communications, payment systems, labour provision, operating systems, transport, advertisement, the distribution of cultural content, the collaborative economy and social networks, certain common features which can be used to identify these entities exist nevertheless;
Amendment 113 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that certain features often characterise online platforms, such as operating in multi-sided markets, enabling parties belonging to two or more distinct user groups to enter into direct contact by electronic means, creating an interdependence between the different types of users, 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 127 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that online platforms use the internet as a means of interaction and act as facilitators between the demand and supply sides; recalls the crucial importance of safeguarding the net neutrality guaranteeing that all internet traffic should be treated equally, without discrimination, restriction or interference, irrespective of its sender, receiver, type, content, device, service or application;
Amendment 133 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that online platforms take advantage of the enormous and ever- increasing number of mobile devices; points out that, according to the Commission, an investment of EUR 500 billion will be required over the next decade to hit the connectivity targets established in its communication "Connectivity for a Competitive Digital Single Market - Towards a European Gigabit Society", although it also estimates that there is an investment shortfall of EUR 155 billion; takes the view, therefore, that top priority needs to be given to ensuring there is sufficient investment for the deployment of digital infrastructure, as that deployment is imperative in order to enable citizens and businesses to reap the benefits of the development of 5G technology;
Amendment 139 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Highlights in this context the need to create a favourable climate for promoting investment in high-speed broadband network infrastructure and fostering the deployment of 5G as instruments for convergence, ensuring a robust digital infrastructural backbone for Europe's companies;
Amendment 150 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Draws attention to rapidly developing online platform markets, which offer a new outlet for products and services; recognises the global nature of online platform markets; points out that global and cross-border online platform markets offer consumers a wide variety of choices and effective price competition; recalls that the cross-border dimension of online platforms is now an affordable reality for all EU citizens and businesses thanks to the "roam-like-at-home" agreement;
Amendment 159 #
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 market capitalisation on online platforms; stresses the importance of removing ineffective obstacles that hamper the smooth operation of online platforms across borders and disrupt the functioning of the European digital internal market;
Amendment 176 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Underlines the importance, for the fast-growing of this sector, of access to risk capital and calls on the Commission to promote initiatives on this direction;
Amendment 179 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls on the Commission and Member States to make full use of existing financing instruments to promote initiatives to ease access to financing, especially for start-ups, small and medium enterprises and businesses in the economy throughout the EU, through different channels: banking, risk capital, public funds, crowd-funding;
Amendment 185 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that some online platforms realise 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 choinnovative ways to provide new services for consumers as well as provide flexibility for employee, foster entrepreneurship and create jobs;
Amendment 187 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Shares with the EESC the view that the Commission has once again overlooked the social dimension of online platforms and that platforms' social responsibility towards their workers, both those regularly employed and employees working in new forms of employment, needs to be more precisely defined; considers that special attention should be paid to the latter, and fair working conditions, adequate social protection, occupational health and safety, training, collective bargaining and union rights should be provided to all platforms' workers, recognising the challenges brought forth by online platforms;
Amendment 200 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Recalls that the e-Commerce Directive exempts intermediaries from liability for content only if they play a neutral, merely technical and passive role in relation to the transmitted and/or hosted content but requires as well an expeditious reaction to remove or disable access to content when an intermediary has actual knowledge of infringement or illegal activity or information;
Amendment 203 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Recalls that numerous online platforms not only provide access to goods and services, but also play a more active role in relation to consumers and other actors, by for example optimising the presentation of content to give knowledge of the activity on their platforms, thus not being entitled to claim for the liability exemption established in the e-Commerce Directive;
Amendment 204 #
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17 c. Urges online platforms to take appropriate and proportionate measures to ensure protection of IPR-protected works or other subject-matter, such as implementing effective technologies to fight against illegal and harmful content;
Amendment 217 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that certain stakeholders are dissatisfied with the current rules on liability and welcomes the Commission’'s undertaking to publish guidelines on intermediary liability; urges the Commission to accelerate its works and submit its proposals; 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 225 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the update of the AVMS Directive and the Commission’s intention to propose measures for video-sharing platforms concerning their liability in terms of the protection of minors and the prevention of hate speech; regrets, however, the absence of references to content relating to the incitement of terrorism; recognises the work made by the Committee on Culture and Education to remedy this absence;
Amendment 241 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the need for online platforms to prevent illegal and inappropriate content and unfair practices through regulatory, effective self- regulatory or hybrid measures; recognises the results achieved by the Rapid Alert System to ensure that dangerous products are quickly removed everywhere in Europe; encourages Member States to set up specialised teams to monitor webpages and trace dangerous products that are sold online and online platforms to step up their efforts to remove such products once identified by the EU regulatory authorities; stresses the importance of online platforms playing a proactive role in tackling illegal and inappropriate content and taking immediate action to remove illegal or inappropriate content if such content slips through preventive monitoring;
Amendment 254 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the need for online platforms to prevent misleading, illegal and inappropriate content and unfair practices through regulatory, effective self- regulatory or hybrid measures; stresses the importance of online platforms playing a proactive role in tackling misleading, illegal and inappropriate content and taking immediate action to remove misleading, illegal or inappropriate content if such content slips through preventive monitoring;
Amendment 274 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Encourages the Commission to submit as soon as possible its practical guidance on the market surveillance of products sold online;
Amendment 284 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission to ensure a level playing field for all the ecosystem linked to online platforms; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and therefore ‘one-size- fits-all’ solutions are rarely appropriate;
Amendment 302 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines that possible reforms of the existing regulatory framework should always foster innovation while guaranteeing high standards of consumer protection, concentrate on the harmonisation of rules and reducing regulatory fragmentation; emphasises the need to avoid over- regulation; stresses the importance of technology neutrality and having the same rules apply online and offline;
Amendment 324 #
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, a level playing field, better control of ranking systems and advertising, and online platforms respecting all applicable legislation;
Amendment 329 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses the importance of transparency in relation to data collection and considers that online platforms must respond to users’ concerns by informing them more effectively about what personal data is collected and how it is shared and used; considers it crucial to raise awareness, especially among the youngest and the oldest as the most vulnerable, about the personal data the consumers facilitate in exchange for access to many so called free services;
Amendment 334 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses the importance of transparency in relation to data collection and considers that online platforms must respond to users’ concerns by informing them more effectively about what personal data is collected, how it is protected against misuse and how it is shared and used;
Amendment 336 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Underlines the role of cibersecurity to reinforce users' trust in platforms; calls on the Commission to ensure consistent implementation of the Directive on Network and Information Security, to look into the need for, and propose if required, new initiatives to strengthen our defences against cyber- attacks, with special emphasis on protecting SMEs;
Amendment 353 #
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. Points out that high standards of consumer protection on online platforms are not only needed in B2B practices but also in C2C relationships;
Amendment 367 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission to evaluate platforms’ review systems and to put an end to certain practices, such as fake reviews and the deletion of negative reviews in order to make platforms comply with existing obligations; calls on the Commission to encourage the voluntary adoption of certification schemes provided by independent accredited certifiers to guarantee that each review is genuine;
Amendment 379 #
Motion for a resolution
Paragraph 35
Paragraph 35
35. CRecalls that according to a study by the European Patent Office and the Office for Harmonisation in the Internal Market, intellectual property rights (IPR) intensive industries generate over a quarter of employment and over a third of the economic activity in the EU; considers that IPR form the basis for their ability to generate economic activity, competitiveness, employment, creativity and innovation; calls on the Commission to assess the current Intellectual Property Rights (IPR) Enforcement Directive6 , in order to ascertain how to contribute more effectively to the fight against counterfeiting by adopting proactive, proportionate and effective measures; _________________ 6 OJ L 195, 2.6.2004, p. 16.
Amendment 387 #
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Considers that online platform reputation management mechanisms based on user assessment provide a great deal of verifiable information regarding the goods or services exchanged; warns, however, of the need to ensure that these mechanisms do not obstruct users seeking to leave the platforms;
Amendment 389 #
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36 b. Urges the Commission and Member States to consider mechanisms for users' reputations within platforms to be transferred, accompanying users to other competing or complementary platforms, so as to avoid the creation in this connection of barriers to exit or transfer between platforms;
Amendment 391 #
Motion for a resolution
Paragraph 36 c (new)
Paragraph 36 c (new)
36 c. Considers it essential to enable mechanisms for users to be able to take all personal data with them when they decide to move to another platform;
Amendment 393 #
Motion for a resolution
Paragraph 36 d (new)
Paragraph 36 d (new)
36 d. Calls on the Commission to consider to what extent market- dominating companies should be required to give interested parties access to infrastructure-related data;
Amendment 402 #
Motion for a resolution
Paragraph 37
Paragraph 37
37. Notes that online payments offer a level of transparency that helps to protect the rights of consumers and entrepreneurs and could be applied to the collection of data for taxation purposes, for example; notes that transparency facilitates the comparison of prices and transaction costs and increases the traceability of economic transactions; however, warns of the risk of discriminatory application of practices like dynamic prices and calls on the Commission and Member States to carefully assess this way of setting prices on the basis of customer information in order to avoid discrimination and ensure respect of EU consumer law;
Amendment 413 #
Motion for a resolution
Paragraph 38
Paragraph 38
38. Stresses that a fair, predictable and innovation- friendly environment as well as investments in research and, development and up-skilling the workforce are vital for generating new ideas and innovations; underlines the importance of open data for the development of new online platforms;
Amendment 415 #
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38 a. Calls on the Commission to carefully assess whether there is a need for vertical unbundling in the case of integrated services in order to prevent platforms from unfairly extending their market dominance or systemic importance;
Amendment 416 #
Motion for a resolution
Paragraph 38 b (new)
Paragraph 38 b (new)
38 b. Considers that the high market shares achieved by a small number of players can imply abuse of dominance; calls on the Commission to assess to what extent some platforms can act as gatekeepers and create 'competitive bottlenecks' preventing other online services from reaching potential users;
Amendment 444 #
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43 a. Warns of a tendency for online platforms to generate monopoly markets and urges the Commission and the Member States accordingly to be vigilant in order to avert the harmful effects of these anticompetitive practices;
Amendment 445 #
Motion for a resolution
Paragraph 43 b (new)
Paragraph 43 b (new)
43 b. Underlines the importance to prevent the creation of monopolies in platform economy, which are non- transparent and resulting in an asymmetrical relationship between platforms, service providers and consumers;
Amendment 446 #
Motion for a resolution
Paragraph 43 c (new)
Paragraph 43 c (new)
43 c. Encourages the Commission to create a level playing field among online platforms, which highlights the importance of identifying and mitigating market barriers; in particular, stresses the importance to guarantee the free flow of data, data portability and interoperability between the market platforms; considers that these measures would ensure that market participants, whether service providers or consumers, could subject the market platform itself into competition;
Amendment 447 #
Motion for a resolution
Paragraph 43 d (new)
Paragraph 43 d (new)
43 d. Remarks the need to ensure platform neutrality, by prohibiting practices such as granting access to a platform tied to an obligation to also use other services provided by the platform, especially where a platform acts as a provider of a rival product;