13 Amendments of Dita CHARANZOVÁ related to 2016/0148(COD)
Amendment 209 #
Proposal for a regulation
Recital 12
Recital 12
(12) In the digital environment in particular, the competent authorities should be able to stop infringements quickly and effectively, notably where the trader selling goods or services conceals its identity or relocates within the Union or to a third country to avoid enforcement. In cases where there is a risk of serious and irreparable harm to consumers, the competent authorities should to be able to adopt interim measures to prevent such harm or reduce it, including, where necessary, the suspension of a website, domain or a similar digital site, service or account. Furthermore, the competent authorities should have the power to take down or have a third party service provider take down a website, domain or a similar digital site, service or accountrequiring hosting service providers to remove content or to suspend a website, service or account, or requiring a domain registry or registrar to put a fully qualified domain name on hold for a specific period of time. Furthermore, the competent authorities should have the power to order a hosting service provider to remove content or to close down a website, service or account or a part of it, or to order a registry or registrar to delete a fully qualified domain name. However, measures to remove content may not only be harmful to freedom of speech and information, but may also ineffective, as in the fast-moving digital environment content reappears as quickly as it is removed. Therefore measures taken to restrict the online distribution, or otherwise making available, of content to the public should always be in line with the Charter of Fundamental Rights, should be limited to what is necessary and proportionate and should be executed on the basis of a prior judicial authorisation,
Amendment 210 #
Proposal for a regulation
Recital 12
Recital 12
(12) In the digital environment in particular, the competent authorities should be able to stop infringements quickly and effectively, notably where the trader selling goods or services conceals its identity or relocates within the Union or to a third country to avoid enforcement. In cases where there is a risk of serious and irreparable harm to consumers, the competent authorities should to be able to adopt interim measures to prevent such harm or reduce it, including, where necessary, the suspension of a website, domain or a similar digital site, service or account. Furthermore, the competent authorities should have the power to take down or have a third party service provider take down a website, domain or a similar digital site, service or accoun, where there are no other means available to prevent or mitigate such harm or reduce it, including, where necessary, requiring hosting service providers to remove content or to suspend a website, service or account, or requiring a domain registry or registrar to put a fully qualified domain name on hold for a specific period of time. Furthermore, the competent authorities should have the power to order a hosting service provider to remove content or to close down a website, service or account or a part of it, or to order a registry or registrar to delete a fully qualified domain name and allow the competent authority concerned to register it,
Amendment 214 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 8 a (new)
Article 2 – paragraph 8 a (new)
8a. This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.
Amendment 290 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) require the supply by any natural or legal person, including banks, internet service providers, domain registries and registrars and hosting service providers of any relevant information, data or document in anythe format or form andin which it is stored, irrespective of the medium on which or the place where they areof storaged, for the purpose of among others identifying and following financial and data flows, or of ascertaining the identity of persons involved in financial and data flows, bank account information and ownership of websites;
Amendment 297 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) carry out, on the basis of a prior judicial authorisation, the necessary on- site inspections, including in particular the power to enter any premises, land or means of transport or to request other authorities to do so in order to examine, seize, take or obtain copies of information, data or documents, irrespective of the medium on which they are stored; to seal any premises or information, data or documents for a necessary period and to the extent necessary for the inspection; to request any representative or member of the staff of the trader concerned to give explanations on facts, information or documents relating to the subject matter of the inspection and to record the answers ;
Amendment 304 #
Proposal for a regulation
Article 8 – paragraph 2 – point g
Article 8 – paragraph 2 – point g
(g) adopt interim measures to prevent the risk of serious and irreparable harm to consumers, in particular the suspension of a website, domain or a similar digital site, service or account; requiring hosting service providers to remove content or to suspend a website, service or account, or requiring domain registries and registrars to put a fully qualified domain name on hold for a limited period of time, provided that any measure taken to restrict the online distribution, or otherwise making available, of content to the public is in line with the Charter of Fundamental Rights, is limited to what is necessary and proportionate and is executed on the basis of a prior judicial authorisation;
Amendment 305 #
Proposal for a regulation
Article 8 – paragraph 2 – point g
Article 8 – paragraph 2 – point g
(g) adopt interim measures, where there are no other means available and to the extent necessary, to prevent the risk of serious and irreparable harm to consumers, in particular the suspension of a website, domain or a similar digital site, service orrequesting hosting service providers to suspend a website, service or account, or requesting domain registries and registrars to put a fully qualified domain name on hold for no longer than 48 hours, unless ac countrt orders an extension of time;
Amendment 324 #
Proposal for a regulation
Article 8 – paragraph 2 – point l
Article 8 – paragraph 2 – point l
(l) close down a website, domain or similar digital site, service or account or a part of it, including by requesting a third party or other public authority to implement such measures; in the absence of an effective reaction within a reasonable time by the trader to a written request by a competent authority for the cessation of an infringement, order a hosting service provider to remove content or to close down a website, service or account or a part of it, or order a domain registry or registrar to delete a fully qualified domain name and allow the competent authority concerned to register it;
Amendment 325 #
Proposal for a regulation
Article 8 – paragraph 2 – point l
Article 8 – paragraph 2 – point l
(l) close down a website, domain or similar digital site, service or account or a part of it, including by requesting a third party or other public authority to implement such measuresin the absence of an effective reaction within a reasonable time by a trader to a written request by a competent authority for the cessation of an infringement, order a hosting service provider to remove content or to close down a website, service or account or a part of it, or order a domain registry or registrar to delete a fully qualified domain name and allow the competent authority concerned to register it; close down a website, domain or similar digital site, service or account or a part of it, provided that any measure taken to restrict the online distribution, or otherwise making available, of content to the public is in line with the Charter of Fundamental Rights, is limited to what is necessary and proportionate and is executed on the basis of a prior judicial authorisation;
Amendment 343 #
Proposal for a regulation
Article 8 – paragraph 2 – point p
Article 8 – paragraph 2 – point p
(p) publish any final decisions, finterimal measures or orders, including the publication of the identity of the trader responsible for the intra-Union infringement or widespread infringement;
Amendment 442 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where there is a reasonable suspicion that a widespread infringement has harmed, is harmsing or is likely to harm consumers in at least three quarterwo thirds of the Member States accounting together for at least three quarters of the population of the Union ("widespread infringement with a Union dimension"), the Commission shall launch a common action. For that purpose the Commission may request the necessary information or documents from the competent authorities.
Amendment 525 #
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
1a. The Commission shall ensure that the implementation of national enforcement plans and enforcement measures taken by national authorities enforce Union legislation in a uniform manner.