968 Amendments of Antanas GUOGA
Amendment 17 #
2018/2046(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses the importance of internal market governance tools in ensuring not only proper application of EU rules but also better information and assistance for consumers and businesses; Calls, therefore, to increase the relevant budget line 02 03 04 in order to ensure better functioning of the Single Market and specifically information and assistance services;
Amendment 19 #
2018/2046(BUD)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Notes that 91,6 % of citizens and businesses are unaware of any European- level information or assistance service1a and is of the opinion that consumer and businesses awareness of the information and assistance tools, in particular Your Europe portal and European Consumer Centres Network, is of paramount importance and that a significant effort is needed to increase it and therefore expects an important increase of funding allocations; _________________ 1a2017 data taken from Study on information and assistance needs of businesses operating cross-border within the EU, including gap and cost analysis p.30.
Amendment 20 #
2018/2046(BUD)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Notes that EU institutions already reached informal agreement on the Commission's proposal for a Regulation on establishing a single digital gateway to provide information, procedures, assistance and problem solving services and expects adequate funding allocations already in 2019 for the preparation of the gateway;
Amendment 21 #
2018/2046(BUD)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Reminds the Commission, in the context of the entry into application on 3 December 2018 of the Regulation(EU) 2018/302 on addressing unjustified geo- blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market, of its commitment to perform by March2020 a substantive analysis of the feasibility of extending the scope of the regulation to fully cover copyright- protected electronically supplied services, including audio-visual services, in the full scope of this regulation and therefore calls for adequate funding allocation for this purpose already in 2019;
Amendment 28 #
2018/2046(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Asks for the financing of all the pilot projects endorsed by IMCO and in particular the ones on “Monitoring of possible unfair consumer profiling and price adjustment by airlines” (that investigates whether airlines practise the so-called “consumer profiling” in order to adjust the flight fares), on “Application of web accessibility requirements in web- authoring tools and platforms by default” (that encourages and supports the adoption of the relevant accessibility requirements of the European Standard EN 301 549 v1.1.2 by awarding grants to firms), and on “Assessing alleged differences in the quality of products sold on the Single Market” (that develops further relevant consumer and market-related research on alleged dual quality of food products on the Single Market).
Amendment 29 #
2018/2046(BUD)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. In regard to the pilot project on "Assessing alleged differences in the quality of products sold on the Single Market", calls on the Commission to ascertain that Members of the Internal Market and Consumer Protection Committee are closely involved in the planning and oversight of all activities related to this pilot project and reiterates that the role of MEPs should be prominent in informing the general public about results of the final report;
Amendment 5 #
2018/2005(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that Europe faces many opportunities and some challenges linked to globalisation, but it is important to adapt the texts in force in a measured way, which should be addressed with effective measures by the Union ain area-by-area basis, with due respect for national identities and the principles of subsidiarity and proportionality so as to take into account the fears expressed by a growing number of citizens aboutorder to stop the raising scepticism in some parts of society towards globalization in their future;
Amendment 11 #
2018/2005(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that this adjustment should take place in at least fourive areas: the protection of intellectual property, the growth of data economy, the protection of protected geographical indications (PGIs), the taking into account of opinion 2/15 of 16 May 2017 of the Court of Justice of the European Union (CJEU) and the possible creation of a multilateral investment court for the settlement of disputes relating to investments;
Amendment 15 #
2018/2005(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that, as regards intellectual property rights, including patents, trademarks and copyright, the Committee on International Trade is responsible for the international aspects, but the Committee on Legal Affairs is responsible for substantive rules, and they should work together to ensure that the Union continues to protect European creators and interests, particularly in the face of the challenges posed by digital technologyUnion should aim to ensure efficient level of protection to these intangible assets in its trade agreements in order to facilitate growth and competitiveness;
Amendment 16 #
2018/2005(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises the importance and recognition of the exponential growth of data flows and data economy. Welcomes the Commission proposal on the free flow of non-personal data (COM(2017)495) which will boost Europe's technological potential, will create job places as well as strengthen the Union's position in international trade;
Amendment 17 #
2018/2005(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recognises data protection as a fundamental right in the European Union; calls to guarantee high standards of data protection in trade agreements through a so called mutual adequacy decision between the European Union and a non-EU country;
Amendment 19 #
2018/2005(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that, with regard to PGIs and agricultural Geographical Indications, or AGIs (including wine and cheese), the Union must be determined strictly to controlensure a good level of protection of the use of the traditional European designations of origin, especially in negotiating free trade agreements;
Amendment 22 #
2018/2005(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. InsistWelcomes thate opinion 2/15 of the CJEU be taken into account, in particular in that it offers a key for the clear division of the competences between the Union and the Member States, and recalls that, as regards investment protection, the Court considers that the protection of non-direct investment and the investor-State dispute settlement mechanism are a competence shared between the Union and the Member States, whereas the protection of direct investment falls within the exclusive competence of the Union;
Amendment 25 #
2018/2005(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need, in order to protect the public interest, to replace the arbitration courtrespond to some of the legitimate public concerns raised in the context of the traditional invest to state dispute settlement, to replace the bilateral investment court systems with a multilateral investment court to settle investment disputes, and welcomes the fact that the Council has just adopted a negotiating mandate to this effect;
Amendment 29 #
2018/2005(INI)
7. Supports, in the light of the above, initiatives likely to establish fair and undistorted conditions of competition, without excluding reasonable protection measures such as those already decided on by the Union in the fight against dumping to limit imports of some Chinese products.;
Amendment 31 #
2018/2005(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses, in the light of the above, the need for the strengthening of global governance and global rules in order to avoid trade wars;
Amendment 98 #
2018/0331(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society, by preventing the misuse of hosting services for terrorist purposes. The functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers, reinforcing users' trust in the online environment, and by strengthening safeguards to the freedom of expression and information as well as fundamental rights, the rights to privacy and protection of personal data.
Amendment 105 #
2018/0331(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The presence of terrorist content online has serious negative consequences for users, for citizens and society at large as well as for the online service providers hosting such content, since it undermines the trust of their users and damages their business models. In light of their central role and the technological means and capabilities associated with the services they provide, online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help competent authorities to tackle terrorist content disseminated through their services.
Amendment 112 #
2018/0331(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The application of this Regulation should not affect the application of Articles 14 and 15 of Directive 2000/31/EC8 . In particular, as provided in these provisions, any measures taken by the hosting service provider in compliance with this Regulation, including any proactive measures, should not in themselves lead to that service provider losing the benefit of the liability exemption provided for in that provisionor being imposed with an obligation to monitor. This Regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under Article 14 of Directive 2000/31/EC for liability exemption are not met. _________________ 8 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
Amendment 115 #
2018/0331(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation aims at contributesing to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection ofhe rights to privacy and personal data protection, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society, taking into account the particular importance accorded to the freedom of expression and information, which constitutes one of the essential foundations of a pluralist, democratic society, and is one of the values on which the Union is founded. Measures constituting interference in the freedom of expression and information should be strictly targeted, in the sense that they must serve to prevent the dissemination of terrorist content, but without thereby affecting the right to lawfully receive and impart information, taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts, opinions and ideas in accordance with the law.
Amendment 126 #
2018/0331(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group. Such information includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this Regulation, competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements, the context in which the statements were made and their potential to lead to harmful consequences, thereby affecting the security and safety of persons. The fact that the material was produced by, is attributable to or disseminated on behalf of an EU-listed terrorist organisation or person constitutes an important factor in the assessment. Content disseminated for educational, journalistic or research purposes should be adequately protected. Furthermore, the expression of radical, polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content. _________________ 9 Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
Amendment 129 #
2018/0331(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences or promoterrorist offences and content that is produced by, is attributable to or disseminated on behalf of an EU-listesd the participation in activities of a terrorist grouperrorist organisation or person. Such information includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this Regulation, competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements, the context in which the statements were made and their potential to lead to harmful consequences, thereby affecting the security and safety of persons. The fact that the material was produced by, is attributable to or disseminated on behalf of an EU-listed terrorist organisation or person constitutes an important factor in the assessment. Content disseminated for educational, journalistic or research purposes should be adequately protected. Furthermore, the expression of radical, polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content. _________________ 9 Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
Amendment 131 #
2018/0331(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in makingthe dissemination of the information stored available to third parties, irrespective of whether this activity is of a mere technical, automatic and passive nature. By way of example such providers of information society services include social media platforms, video streaming services, video, image and audio sharing services, file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews. Providers of services such as online encyclopaedias, educational and scientific repositories, open source software developing platforms, cloud infrastructure service providers that do not have access to customer content and cloud providers (including business-to-business cloud services) that do not share content to the general public, and services at other layers of the Internet infrastructure than the application layer, should not be considered hosting service providers within the meaning of this Regulation. The Regulation should also apply to hosting service providers established outside the Union but offering services within the Union, since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries. This should ensure that all companies operating in the Digital Single Market comply with the same requirements, irrespective of their country of establishment. The determination as to whether a service provider offers services in the Union requires an assessment whether the service provider enables legal or natural persons in one or more Member States to use its services. However, the mere accessibility of a service provider’'s website or of an email address and of other contact details in one or more Member States taken in isolation should not be a sufficient condition for the application of this Regulation.
Amendment 135 #
2018/0331(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored publicly available to third parties, irrespective of whether this activity is of a mere technical, automatic and passive nature. By way of example such providers of information society services include social media platforms, video streaming services, video, image and audio sharing services, file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews. The Regulation should also apply to hosting service providers established outside the Union but offering services within the Union, since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries. This should ensure that all companies operating in the Digital Single Market comply with the same requirements, irrespective of their country of establishment. The determination as to whether a service provider offers services in the Union requires an assessment whether the service provider enables legal or natural persons in one or more Member States to use its services. However, the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more Member States taken in isolation should not be a sufficient condition for the application of this Regulation. Services that provide file sharing or other cloud services should not be considered in scope of this Regulation.
Amendment 150 #
2018/0331(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Given the scale and speed necessary forcomplexity of effectively identifying and removing terrorist content at scale, proportionate proactive measures, including by using automated meare also ans in certain cases, are an essentialmportant element in tackling terrorist content online. With a view to reducing the accessibility of terrorist content on their services, hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information. Consequently, hosting service providers should determine what appropriate, effective and proportionate proactive measure should be put in place. This requiremenIt should not imply a general monitoring obligation. In the context of this assessment, the absence of removal orders and referrals addressed to a hosting provider, is an indication of a low level of exposure to terrorist content.
Amendment 153 #
2018/0331(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) When putting in place proactive measures, hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information - is, the rights to privacy and protection of personal data - are preserved. In addition to any requirement laid down in the law, including the legislation on protection of personal data, hosting service providers should act with due diligence and implement safeguards, including notably human oversight and verifications, where appropriate, to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content. This is of particular relevance when hosting service providers use automated means to detect terrorist content. Any decision to use automated means, whether taken by the hosting service provider itself or pursuant to a request by the competent authority, should be assessed with regard to the reliability of the underlying technology and the ensuing impact on fundamental rights.
Amendment 167 #
2018/0331(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Effective legal protection according to Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled. For that purpose, the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision. However, this does not necessarily require a notification to the content provider. Depending on the circumstances, hosting service providers may replace content which is considered terrorist content, with a message that it has been removed or disabled in accordance with this Regulation. Further information about the reasons as well as possibilities for the content provider to contest the decision should be given upon request. Where competent authorities decide that for reasons of public security including in the context of an investigation, it is considered inappropriate or counter- productive to directly notify the content provider of the removal or disabling of content, they should inform the hosting service provider.
Amendment 171 #
2018/0331(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Both hosting service providers and Member States should establish points of contact to facilitate the swift handling of removal orders and referrals. In contrast to the legal representative, the point of contact serves operational purposes. The hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof. The point of contact for the hosting service provider does not have to be located in the Union and the hosting service provider is free to nominate an existing point of contact, provided that this point of contact is able to fulfil the functions provided for in this Regulation. With a view to ensure that terrorist content is removed or access to it is disabled within one hour from the receipt of a removal order, hosting service providers should ensure that the point of contact is reachable 24/7. The information on the point of contact should include information about the language in which the point of contact can be addressed. In order to facilitate the communication between the hosting service providers and the competent authorities, hosting service providers are encouraged to allow for communication in one of the official languages of the Union in which their terms and conditions are available.
Amendment 177 #
2018/0331(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Penalties are necessaryIn some cases, penalties could be used as one of many instruments to ensure the effective implementation by hosting service providers of the obligations pursuant to this Regulation. Member States should adopt rules on penalties, including, where appropriate, fining guidelines. Particularly severe penalties shall be ascertained in the event that for cases where the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order. Non- compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure. In order to ensure legal certainty, the regulation should set out to what extent the relevant obligations can be subject to penalties. Penalties for non-compliance with Article 6 should only be adopted in relation to obligations arising from a request to report pursuant to Article 6(2) or a decision imposing additional proactive measures pursuant to Article 6(4). When determining whether or not financial penalties should be imposed, due account should be taken of the financial resources of theand the size of the hosting provider. Member States shall ensure that penalties do not encourage the removal of content which is not terrorist content.
Amendment 183 #
2018/0331(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Based on the findings and conclusions in the implementation report and the outcome of the monitoring exercise, the Commission should carry out an evaluation of this Regulation no sooner than three years after its entry into force. The evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and EU added value. It will assess the functioning of the different operational and technical measures foreseen under the Regulation, including the effectiveness of measures to enhance the detection, identification and removal of terrorist content, the effectiveness of safeguard mechanisms as well as the impacts on potentially affected rights and interests of third parties, including a review of the requirement to inform content providersfundamental rights, especially the freedom of expression and information, the right to privacy and protection of personal data.
Amendment 184 #
2018/0331(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This Regulation lays down uniform rules to address and prevent the misuse of hosting services for the dissemination of terrorist content online. It lays down in particular:
Amendment 191 #
2018/0331(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) a set of measures to be put in place by Member States to identify terrorist content, to enable its swift removal by hosting service providers and to facilitate cooperation with the competent authorities in other Member States, hosting service providers and where appropriate relevant Union bodies.
Amendment 200 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) 'hosting service provider' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in makdisseminating the information stored available to third parties;publicly to third parties; Providers of services that do not share content publicly to third parties, and services at other layers of the Internet infrastructure than the application layer, shall not be considered as hosting service providers within the meaning of this Regulation.
Amendment 202 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) 'hosting service provider' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored publicly available to third parties;
Amendment 211 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – introductory part
Article 2 – paragraph 1 – point 5 – introductory part
(5) 'terrorist content' means one or more of the following information:refers to the offences committed internationally and unlawfully as defined in Articles 5 to 8 in Directive 2017/541 on combating terrorism.
Amendment 218 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Amendment 222 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Amendment 227 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Amendment 233 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point d
Article 2 – paragraph 1 – point 5 – point d
Amendment 234 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘dissemination of terrorist content’ means making terrorist content available to third parties on the hosting service providers’ services; Content disseminated for educational, scientific or documentary purposes, and for purposes for anti- radicalisation. and counter-narratives shall be adequately protected.
Amendment 235 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘dissemination of terrorist content’ means making terrorist content publicly available to third parties on the hosting service providers’ services;
Amendment 239 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9 a) ‘competent authority 'means a designated national authority in the Member State.
Amendment 241 #
2018/0331(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Hosting service providers shall take appropriate, reasonable and proportionate actions in accordance with this Regulation, against the dissemination of terrorist content and to protect users from terrorist content. In doing so, they shall act in a diligent, proportionate and non- discriminatory manner, and with due regard to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society. Those actions shall be in accordance with Article 15 of Directive 2000/31/EC.
Amendment 260 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Hosting service providers shall remove terrorist content or disable access to it within one houras soon as possible from receipt of the removal order.
Amendment 263 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) a detailed statement of reasons explaining why the content is considered terrorist content, at least, by reference to the categories of terrorist content listed in Article 2(5);
Amendment 264 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) aA detailed statement of reasons explaining why the content is considered terrorist content, at least, by reference to the categories of terrorist content listed in Article 2(5) shall be systematically included in each removal order;
Amendment 294 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Hosting service providers shall, where appropriate, take proactive measures to protect their services against the dissemination of terrorist content. The measures shall be effective and proportionate, taking into account the risk and level of exposure to terrorist content, the fundamental rights of the users, and the fundamental importance of the freedom of expression and information as well as the right to privacy and protection of personal data in an open and democratic society.
Amendment 296 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Hosting service providers shall, where appropriatedepending on the risk and level of exposure to terrorist content, take proactive measures to protect their services against the dissemination of terrorist content. The measures shall be effective and proportionate, taking into account the risk and level of exposure to terrorist content, the fundamental rights of the users, and the fundamental importance of the freedom of expression and information in an open and democratic society.
Amendment 300 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – introductory part
Article 6 – paragraph 2 – subparagraph 1 – introductory part
Where it has been informed according to Article 4(9), the competent authority referred to in Article 17(1)(c) shallmay request the hosting service provider to submit a report, within three months after receipt of the request and thereafter at least on an annual basis, on the specific proactive measures it has taken, including by using automated tools, with a view to:
Amendment 301 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point a
Article 6 – paragraph 2 – subparagraph 1 – point a
(a) preventing the re-upload of content which has previously been removed or to which access has been disabled because it is considered to be terrorist content, unless such content has been re-uploaded for educational, scientific or documentary purposes, and for anti-radicalisation and counter-narratives purposes;
Amendment 302 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
The reports shall include all relevant information allowing the competent authority referred to in Article 17(1)(c) to assess whether the proactive measures are effective and proportionate, including to evaluate the functioning of any automated tools used as well as the human oversight and verification mechanisms employed.
Amendment 305 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where the competent authority referred to in Article 17(1)(c) considers that the proactive measures taken and reported under paragraph 2 are insufficient in mitigating and managing the risk and level of exposure, it may request the hosting service provider to take specific additional proactive measures. For that purpose, the hosting service provider shall cooperate with the competent authority referred to in Article 17(1)(c) with a view to identifying the specific measures that the hosting service provider shall put in place, establishing key objectives and benchmarks as well as timelines for their implementation taking into account, in particular, the economic capacity of the hosting service provider and the effect of such measures on the fundamental rights of the users and the fundamental importance of the freedom of expression and information, the right to privacy and the protection of personal data.
Amendment 309 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 314 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. A hosting service provider may, at any time, request the competent authority referred to in Article 17(1)(c) a review and, where appropriate, to revoke a request or decision pursuant to paragraphs 2, 3, and 43 respectively. The competent authority shall provide a reasoned decision within a reasonable period of time after receiving the request by the hosting service provider.
Amendment 323 #
2018/0331(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Hosting service providers shall set out clearly in their terms and conditions their policy ton preventing the dissemination of terrorist content, including, where appropriate, a meaningfuln explanation of the functioning of proactive measures including the use of automated toolsthat a hosting service provider has a right to take.
Amendment 326 #
2018/0331(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Hosting service providers, competent authorities and relevant Union bodies shall publish annual transparency reports on action taken against the dissemination of terrorist content.
Amendment 328 #
2018/0331(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Hosting service providers shallexposed to terrorist content shall publicly publish annual transparency reports on action taken against the dissemination of terrorist content.
Amendment 334 #
2018/0331(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point d a (new)
Article 8 – paragraph 3 – point d a (new)
(d a) Transparency reports of competent authorities and relevant Union bodies shall include information on the number of removal orders and referrals issues, and on their use of the terrorist content, which has been preserved pursuant to Article 7 for the prevention, detection, investigation and prosecution of terrorist offences.
Amendment 342 #
2018/0331(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. HThe relevant Union bodies and competent authorities shall, in co- operation with hosting service providers shall, establish effective and accessible mechanisms allowing content providers whose content has been removed or access to it disabled as a result of a removal order pursuant to Article 4 or a referral pursuant to Article 5 or of proactive measures pursuant to Article 6, to submit a complaint against the action of the hosting service provider requesting reinstatement of the content.
Amendment 358 #
2018/0331(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall establish a point of contact to handle requests for clarification and feedback in relation to removal orders and referrals issued by them. IA database with information about the contact points in Member States shall be made publicly available by the European Commission.
Amendment 375 #
2018/0331(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point d
Article 18 – paragraph 1 – point d
Amendment 386 #
2018/0331(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The penalties provided for shall be effective, and proportionate and dissuasive. Member States shall, by [within six months from the entry into force of this Regulation] at the latest, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 396 #
2018/0331(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
It shall apply from [618 months after its entry into force].
Amendment 71 #
2018/0227(COD)
(7a) On 10th April 2018 Member States expressed their support and a joint will to cooperate together on initiatives on artificial intelligence and distributed ledger technologies (e.g. blockchain) infrastructure services by signing cooperation agreements.
Amendment 76 #
2018/0227(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) A central role in the implementation of the Programme should be attributed to Digital Innovation Hubs, which should stimulate the broad adoption of advanced digital technologies by industry, by public organisations and academia. A network of Digital Innovation Hubs should ensure the widest geographical coverage across Europe59 . A first set of Digital Innovation Hubs will be selected based on Member States’ proposals and then the network will be enlarged through an open and competitive process. The Digital Innovation Hubs will serve as access points to latest digital capacities including high performance computing (HPC), artificial intelligence, cybersecurity, as well as other existing innovative technologies such as Key Enabling Technologies, available also in fablabs or citylabs. They shall act as single-entry pointone- stop shops in accessing tested and validated technologies and promote open innovation and assistance to businesses especially SMEs and start-ups with regard to their business structure and access to finance. They will also provide support in the area of advanced digital skills. The network of Digital Innovation Hubs should also contribute to the participation of the outermost regions in the Digital Single Market. _________________ 59 As indicated in the Communication on Digitising European Industry (COM(2016) 180 final)
Amendment 82 #
2018/0227(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The support to the Union’s intervention in this area was expressed by the Council60 and, by the European Parliament61 . Moreover, in 2017 nine Member States signed the EuroHPC Declaration62 , a multi-government agreement where they commit to collaborate with the Commission to build and deploy state-of-the-art HPC and data infrastructures in Europe that would be available across the Union for scientific communities, public and private partners and would boost the Union’s innovative potential. _________________ 60 61 62
Amendment 83 #
2018/0227(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) For the high performance computing specific objective a joint undertaking is deemed the most suited implementation mechanism, in particular to coordinate national and Union strategies and investments in high performance computing infrastructure and research and development, pool resources from public and private funds, and safeguard the economic and strategic interests of the Union63 . Moreover, high performance computing competence centres in Member States will provide high performance computing services to industry, especially SMEs and start-ups, academia and public administrations. _________________ 63 Impact Assessment accompanying the document “Proposal for a Council Regulation on establishing the EuroHPC Joint Undertaking” (https://ec.europa.eu/digital-single- market/en/news/proposal-council- regulation-establishing-eurohpc-joint- undertaking-impact-assessment)
Amendment 85 #
2018/0227(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The availability of large-scale data sets and testing and experimentation facilities and access to text and data mining are of major importance for the development of artificial intelligence.
Amendment 87 #
2018/0227(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) On 25 April 2018 the Commission committed to propose a European approach by developing draft Artificial Intelligence guidelines in cooperation with stakeholders within the AI alliance, a group of artificial intelligence experts, in order to boost AI-powered applications and businesses in Europe.
Amendment 89 #
2018/0227(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In September 2017, the Commission put forward a package of initiatives65 setting out a comprehensive Union approach to cybersecurity, with the aim of reinforcing Europe’s capacities to deal with cyber-attacks, to increase cyber resilience and threats and to strengthen technology and industrial capacity in this field. _________________ 65 https://ec.europa.eu/digital-single- market/en/policies/cybersecurity
Amendment 90 #
2018/0227(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The European Council in its conclusions of 19 October 2017 stressed that to successfully build a Digital Europe, the Union needs in particular labour markets, life-long learning and innovation-driven training and education systems fit for the potential and challenges of the digital age and that there is a needit is crucial to invest in digital skills, in order to empower and enable all European citizens and businesses;
Amendment 93 #
2018/0227(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The advanced digital technologies supported by this Programme, such as high performance computing, cybersecurity and artificial intelligence are now sufficiently mature to move beyond the research arena and be deployed, implemented and scaled- up at Union level. Just as the deployment of these technologies require a Union response so does the skills dimension. Training opportunities in advanced digital skills need to be scaled up, increased and made accessible throughout the EU. Failing this could impede the smooth deployment of advanced digital technologies, increase the shortage of a qualified workforce in Europe and hamper the overall competitiveness of Union’s economy. The actions supported by this programme are complementary to those supported by the ESF, ERDF and Horizon Europe programmes.
Amendment 96 #
2018/0227(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Modernising public administrations and services through digital means is crucial to reducing administrative burden on industry and on citizens in general by making their interactions with public authorities faster, more convenient and less costly, as well as by increasing the efficiency, transparency and the quality of the services provided to citizens and businesses. Since a number of services of public interest already have a Union dimension, the support to their implementation and deployment at Union level should ensure that citizens and businesses will benefit from the access to high quality digital services across Europe.
Amendment 98 #
2018/0227(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Interoperability of European public services concerns all levels of administration: Union, national, regional and local. Besides removing barriers to a functioning Single Market, interoperability facilitates successful implementation of policies and offers great potential to avoid cross-border electronic barriers, to cut red tape, further securing the emergence of new, or the consolidation of developing, common public services at Union level. In order to eliminate fragmentation of European services, to support fundamental freedoms and operational mutual recognition in the EU, a holistic cross- sector and cross-border approach to interoperability should be promoted in the manner that is the most effective, and the most responsive to end- users. This implies that interoperability is to be understood in a broad sense, spanning from technical to legal layers and encompassing policy elements in the field. Accordingly, the span of activities would go beyond the usual lifecycle of solutions to include all the interventions elements that would support the necessary framework conditions for sustained interoperability at large.
Amendment 99 #
2018/0227(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘Digital Innovation Hub’ means existing or new legal entity designated or selected in an open and competitive procedure in order to fulfil the tasks under the Programme, in particular providing businesses across the EU with access to technological expertise and experimentation facilities, such as equipment and software tools to enable the digital transformation of the industry as well as to consult on facilitating access to finance. The Digital Innovation Hubs shall act as one-stop shops where companies, especially SMEs and start-ups can get assistance on how to improve their business model as well as knowledge on EU funding programmes available.
Amendment 102 #
2018/0227(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) ‘small and medium-sized enterprises’ or ‘SMEs’ means small and medium-sized enterprises as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC;
Amendment 105 #
2018/0227(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. The Programme has the following general objective: to support the digital transformation of the European economy and society, to boost Europe’s innovative capacity and bring its benefits to European citizens and businesses. The Programme will:
Amendment 110 #
2018/0227(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) deploy, coordinate at the Union level and operate an integrated world-class exascale77 supercomputing and data infrastructure in the Union that shall be accessible on a non-commercial basis to public and private users and for publicly funded research purposes; _________________ 77 Billions of billions of floating operations per second
Amendment 117 #
2018/0227(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) strengthen possibilities of specific funding for industry and B2B application of AI in sectors where Europe already leads such as robotics, automotive, manufacturing, space and defence technologies, sanitary tools.
Amendment 121 #
2018/0227(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) encourage development of innovative business models using AI with a perspective to future needs of Europe’s economy.
Amendment 124 #
2018/0227(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) support, together with Member States, the procurement of advanced cybersecurity equipment, tools and data infrastructures in full compliance with data protection legislation as well as exchange of best practices;
Amendment 128 #
2018/0227(COD)
(c) ensure a wide deployment of the latest cybersecurity solutions across the economy;, especially for SMEs and start- ups in order to ensure that companies have a basic level of security.
Amendment 139 #
2018/0227(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) support the design and delivery of long-term, life-long learning and innovative driven approach based trainings and courses for students, teachers, IT professionals and the workforce;
Amendment 144 #
2018/0227(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) support the design and delivery of short-term trainings and courses for entrepreneurs, smallSMEs and start up business leaders and the workforce;
Amendment 161 #
2018/0227(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point e
Article 8 – paragraph 1 – point e
(e) support the uptake of advanced digital and related technologies, including in particular high performance computing, artificial intelligence, cybersecurity and future emerging technologies by the Union industry, notably SMEespecially SMEs and start-ups;
Amendment 162 #
2018/0227(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point f
Article 8 – paragraph 1 – point f
(f) support the design, testing, implementation and deployment of interoperable digital solutions for EU level public services delivered through a data- driven reusable solutions platform, fostering innovation and establishing common frameworks in order to unleash the full potential of the public administrations’ services by cutting red tape and increasing transparency for European citizens and businesses;
Amendment 164 #
2018/0227(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
(g) ensure a continuous capacity at the Union level to observe, analyse and adapt to fast-evolving digital trends, as well as sharing and mainstreaming best practices between Member States;
Amendment 177 #
2018/0227(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The cooperation with third countries and organisations mentioned in paragraph 1 under Specific Objective 3.2, Artificial Intelligence, Specific Objective 3, Cybersecurity and Trust shall be subject to Article [12].
Amendment 187 #
2018/0227(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point a
Article 16 – paragraph 2 – point a
(a) appropriate competences related to the functions of the Digital Innovation Hubs as defined in Article 2;
Amendment 188 #
2018/0227(COD)
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. The Commission shall adopt a decision on the selection of entities forming the initial network. These entities shall be selected by the CommissionMember States from candidate entities designated by Member States on the basis of the criteria mentioned in paragraph 2 and the following additional criteria:
Amendment 191 #
2018/0227(COD)
Proposal for a regulation
Article 16 – paragraph 6 – point a
Article 16 – paragraph 6 – point a
(a) provide digital transformation services - including testing and experimentation facilities - targeted towards SMEs and midca, midcaps and start-ups, also in sectors that are slow in the uptake of digital and related technologies;
Amendment 192 #
2018/0227(COD)
Proposal for a regulation
Article 16 – paragraph 6 – point b
Article 16 – paragraph 6 – point b
(b) transfer expertise and know-how between regions, in particular by networking SMEs and midca, midcaps and start- ups established in one region with Digital Innovation Hubs established in other regions which are best suited to provide relevant services;
Amendment 193 #
2018/0227(COD)
Proposal for a regulation
Article 16 – paragraph 6 – point c
Article 16 – paragraph 6 – point c
(c) provide thematic services, including services related to artificial intelligence, high performance computing and cybersecurity and trust to the administrations, public sector organisations, SMEs and, midcaps and start- ups. Individual Digital Innovation Hubs may specialise in specific thematic services and do not need to provide all thematic services mentioned in this paragraph;
Amendment 199 #
2018/0227(COD)
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. The award criteria shall be defined in the work programmes and in the calls for proposals, taking into account at the minimum the following elements:
Amendment 61 #
2018/0112(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Online intermediation services are key enablers of entrepreneurship, trade and innovation, which can also improve consumer welfare and which are increasingly used by both the private and public sectors. They offer access to new markets and commercial opportunities allowing undertakings to exploit the benefits of the internal market. They also allow consumers in the Union to exploit those benefits, in particular by increasing their choice of goods and services offeredas well as by offering competitive pricing online.
Amendment 63 #
2018/0112(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Online intermediation services can be crucialan important element for the commercial success of undertakings who use such services to reach consumers. The growing intermediation of transactions through online intermediation services, fuelled by strong data-driven indirect network effects, lead to an increased dependence of such business users, including micro, small and medium-sized enterprises, as well as large traditional business users on those services in order for them to reach consumers. Given that increasing interdependence, the providers of those services oftenmay have superior bargaining power, which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users or smaller providers of online intermediation services and, indirectly, also of consumers in the Union.
Amendment 71 #
2018/0112(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The dependence of business users on online intermediation services and vice versa also leads to a situation in which business users oftenr providers of online intermediation services may have limited possibilities to seek redress where unilateral actions of the providers of those services lead to a dispute. In manysome cases, those providers do not offer accessible and effective internal complaint- handling systems. Existing alternative out- of-court dispute settlement mechanisms can also be ineffective for a variety of reasons, including a lack of specialised mediators and business users’ fear of retaliation by smaller business users or providers of online intermediation services.
Amendment 74 #
2018/0112(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Online intermediation services and online search engines, as well as the commercial transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful trading practices of certain providers of those services in respector of business users and corporate website users who abuse a dominant position may hamper the full realisation of that potential and negatively affect the proper functioning of the internal market and the emergence of new market participants. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.
Amendment 86 #
2018/0112(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A uniform and targeted set of mandatory rules should therefore be established at Union level to ensure a fair, predictable, sustainable and trusted online business environment within the internal market by ensuring, in particular, that the business users ofand online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the Union. Those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines. At the same, those rules should be such as to safeguard and strengthen the important innovation potential of the wider online platform economy.
Amendment 127 #
2018/0112(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to effectively protect business users where needed, this Regulation should apply whereto the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them. Whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisive.
Amendment 130 #
2018/0112(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) To ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use, termination and suspension of online intermediation services, and to achieve predictability regarding their business relationship, those terms and conditions should be drafted in clear and unambiguousplain and intelligible language which is easily understood by an average business user. Terms and conditions should not be considered to have been drafted in clear and unambiguousplain and intelligible language where they are vague, unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship.
Amendment 213 #
2018/0112(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand. To that aim, the mediator should suggest which proportion is reasonable in the individual case. However, that proportion should never be less than half of those costs.
Amendment 231 #
2018/0112(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency, fairness and effective redress possibilities.
Amendment 269 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns links in which information related to the requested content can be found;
Amendment 280 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘terms and conditions’ means all terms, conditions, clauses and other information, irrespective of their name or form, which govern the contractual relationship between the provider of online intermediation services and their business users and are unilaterally determined by the provider of online intermediation services.
Amendment 291 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) are drafted in clear and unambiguousplain and intelligible language;
Amendment 302 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objective grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.
Amendment 317 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditionsthat terms and conditions have been modified.
Amendment 329 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
The envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned. That notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications.
Amendment 335 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3 a (new)
Article 3 – paragraph 3 – subparagraph 3 a (new)
During the notice period or unless the business user accepts the new terms and conditions, business users shall not be able to submit new goods, content or services to the platform.
Amendment 350 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1 (new)
Article 3 – paragraph 5 – subparagraph 1 (new)
5a. Without prejudice to EU and national rules concerning illegal content, if the terms and conditions have been modified in order to protect the legitimate interest of the consumers or of the provider of online intermediation services, in response to practices that can cause immediate harm to consumers, intermediary service providers or providers of operating systems shall apply a 15 days’ notice period for application of the new terms and conditions.
Amendment 354 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a provider of online intermediation services and of online search engines decides to sanction suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provideinform the business user concerned at least 15 days before implementing that decision, and provide the business user, without undue delay, with a statement of reasons for that decision.
Amendment 361 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a provider of online intermediation services decides to suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provideinform the business user concerned, without undue delay, with a statement of reasons for that decision.
Amendment 369 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The statement of reasons referred to in paragraph 1 shall contain a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services, as well as a reference to the applicable objective ground or grounds for that decision referred to in Article 3(1)(c).
Amendment 379 #
2018/0112(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Article 4.1 shall not apply where a provider of online intermediation services is subject to a legal obligation to sanction, suspend, or terminate, in whole or in part, the provision of its online intermediation services to a given business, or does so in order to fight against illicit content. In such cases, the business user shall be notified without undue delay.
Amendment 381 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parametmake them easily available for business users.
Amendment 397 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned, that provider of online intermediation services shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking.
Amendment 406 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in clear and unambiguousplain and intelligible language on the online search engines of those providers. They shall keep that description up to date.
Amendment 421 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. The descriptions referred to in paragraphs 1 and 2 shall be sufficient to enable the business users or corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, the ranking mechanism takes account of the following:
Amendment 570 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) communicate to the complainant the outcome of the internal complaint- handling process, in an individualised manner and drafted in clear and unambiguousplain and intelligible language.
Amendment 575 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
Amendment 587 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Amendment 598 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. The decision which led to the complaint shall remain in force for the duration of internal decision-making process.
Amendment 624 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.
Amendment 632 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Providers of online intermediation services shalland business users shall each bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services shall in any case bear at least half of the total cost.
Amendment 637 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1 (new)
Article 10 – paragraph 4 – subparagraph 1 (new)
Should the mediator find that the business user is acting in bad faith or is seeking to abuse the mediation process, it can decide to make the business user bear more than half of the total cost.
Amendment 656 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Organisations and associations qualified in advance under national collective redress mechanisms that have a legitimate interest in representing business users or in representing corporate website users, as well as public bodies set up in Member States, shall have the right to take action before national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non- compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this Regulation. Qualified organisations and associations shall be expressly appointed and authorised by a representative number of business users or corporate website users for each action.
Amendment 664 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Organisations or associations shall have the right referred to in paragraph 1 only where, at the time of bringing the action, they and for the duration of the action, they continue to meet all of the following requirements:
Amendment 669 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a
Article 12 – paragraph 2 – subparagraph 1 – point a
(a) they are properly constituted according to the law of a Member State which allows them to bring a claim;
Amendment 674 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) they pursue objectives that are in the collective interest of the group of a majority of business users or corporate website users that they represent;
Amendment 681 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) They comply with all the codes of ethics and conduct of the public body issuing their license, and demonstrably act in accordance with the wider public interest;
Amendment 703 #
2018/0112(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 (new)
Article 13 – paragraph 2 – subparagraph 1 (new)
The Commission shall encourage the drawing up of codes of conduct by providers of operating systems and by organisations and associations representing them, intended to contribute to the proper application of this Regulation.
Amendment 714 #
2018/0112(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By [date: threewo years after the date of entry into force], and subsequently every three years, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee.
Amendment 726 #
2018/0112(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. It shall apply from [date: sixtwelve months following the day of its publication].
Amendment 38 #
2018/0089(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, and for confirming that an infringement took place and to seek redress, such as compensation, repair or price reduction as available under national laws.
Amendment 57 #
2018/0089(COD)
Proposal for a directive
Recital 10
Recital 10
(10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law. These criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action.
Amendment 62 #
2018/0089(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 68 #
2018/0089(COD)
Proposal for a directive
Recital 13
Recital 13
(13) To increase the procedural effectiveness of representative actions, qualified entities should have the possibility to seek different measures within a single representative action or within separate representative actions. These measures should include interim measures for stopping an ongoing practice or prohibiting a practice in case the practice has not been carried out but there is a risk that it would cause serious or irreversible harm to consumers, measures establishing that a given practice constitutes an infringement of law and, if necessary, stopping or prohibiting the practice for the future, as well as measures eliminating the continuing effects of the infringement, including redress. If sought within a single action, qualified entities should be able to seek all relevant measures at the moment of bringing the action or first seek relevant injunctions order and subsequently and if appropriate redressdeclaratory order.
Amendment 72 #
2018/0089(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement. These measures should take the form of a redress order obligating the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate and as available under national laws.
Amendment 76 #
2018/0089(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Member States may require qualified entities to provide sufficient information to support a representative action for redress, including a description of the group of consumers concerned by an infringement and the questions of fact and law to be resolved within the representative action. The qualified entity should not be required to individually identify all consumers concerned by an infringement in order to initiate the action. In representative actions for redress the court or administrative authority should verify at the earliest possible stage of the proceedings whether the case is suitable for being brought as a representative action, given the nature of the infringement and characteristics of the damages suffered by consumers concerned.
Amendment 80 #
2018/0089(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 84 #
2018/0089(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 87 #
2018/0089(COD)
Proposal for a directive
Recital 21
Recital 21
Amendment 102 #
2018/0089(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it. Such request should be admitted by the court or administrative authority only if there is no other ongoing representative action regarding the same practice. A competent court or administrative authority approving such collective settlement must take into consideration the interests and rights of all parties concerned, including individual consumers. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by such a settlement.
Amendment 107 #
2018/0089(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Any out-of-court settlement reached within the context of a representative action or based on a final declaratory decision should be approved by the relevant court or the administrative authority to ensure its legality and fairness, taking into consideration the interests and rights of all parties concerned. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by such a settlement.
Amendment 111 #
2018/0089(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Ensuring that consumers are informed about a representative action is crucial for its success. Consumers should be informed of ongoing representative action, the fact that a trader's practice has been considered as a breach of law, their rights following the establishment of an infringement and any subsequent steps to be taken by consumers concerned, particularly for obtaining redress. The reputational risks associated with spreading information about the infringement are also important for deterring traders infringing consumer rights.
Amendment 116 #
2018/0089(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 120 #
2018/0089(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the consumers concerned by an infringement, deciding on redress and adequately informing consumers concerned by a representative action about the ongoing proceedings and its final outcomes. However, business-to-consumer relationships are characterised by information asymmetry and the necessary information may be held exclusively by the trader, making it inaccessible to the qualified entity. Qualified entities should therefore be afforded the right to request to the competent court or administrative authority the disclosure by the trader of evidence relevant to their claim or needed for adequately informing consumers concerned about the representative action, without it being necessary for them to specify individual items of evidence. The need, scope and proportionality of such disclosure should be carefully assessed by the court or administrative authority overseeing the representative action having regard to the protection of legitimate interests of third parties and subject to the applicable Union and national rules on confidentiality.
Amendment 130 #
2018/0089(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers, while ensuring appropriate safeguards at EU and Member State level and their consistent EU-wide application to avoid abusive litigation.
Amendment 158 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point b
Article 4 – paragraph 1 – subparagraph 2 – point b
(b) it has a legitimate interest ins statutes, governance and track record demonstrate its legitimate interest in protecting consumers and ensuring that provisions of Union law covered by this Directive are complied with;
Amendment 163 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
(c a) it has sufficient capacity in terms of human resources, and legal expertise to represent multiple claimants acting in their best interest;
Amendment 165 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c b (new)
Article 4 – paragraph 1 – subparagraph 2 – point c b (new)
(c b) it has in place due procedures to identify, prevent and deal with conflicts of interests;
Amendment 166 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c c (new)
Article 4 – paragraph 1 – subparagraph 2 – point c c (new)
(c c) it has existed for at least 2 years before initiating a representative action.
Amendment 172 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 177 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 181 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 182 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. TWithout predjudice to the compliance by a qualified entity with the criteria referred to in paragraph 1 is without prejudlaid down in Article to the right of4, the court or administrative authority toshall examine whether the purpose of the qualified entity justifies its taking action in a specific case in accordance with Article 5(1) or Article 6(1) of this Directive.
Amendment 183 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5 a. Member States shall ensure that representative actions can be brought before national courts or administrative authorities by qualified entities provided that there is a direct relationship between the main objectives of the entity and the rights granted under Union law that are claimed to have been violated in respect of which the action is brought.
Amendment 185 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 192 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
In order to seek injunction orders, qualified entities shall not have to obtaindemonstrate that they have the mandate of at least 10 of the individual consumers concerned or, but shall not be required to provide proof of actual loss or damage on the part of the consumers concerned or of intention or negligence on the part of the trader.
Amendment 196 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that qualified entitionly entities qualified for Article 6 measures are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement. These measures shall be sought on the basis of any final decision establishing that a practice constitutes an infringement of Union law listed in Annex I harming collective interests of consumers, including a final injunction order referred to in paragraph (2)(b)a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement of Union law listed in Annex I.
Amendment 204 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Without prejudice to Article 4(4), Member States shall ensure that qualified entities are able to seek the measures eliminating the continuing effects of the infringementwhich are eligible to bring actions under Article 6 are able to seek a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement of Union law listed in Annex I together with measures referred to in paragraph 2 of this Article within a single representative action, provided the identity of all individuals seeking redress is known to the court before its judgment.
Amendment 224 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 228 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 239 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 243 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The qualified entity seeking a redress order as referred in Article 6(1)entity qualified for Article 5 actions shall declare at an earlythe stage of the action the source of the funds used for its activity in general and the funds that it uses to support thadmissibility of the action if it uses any funds to support the representative action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.
Amendment 252 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(a a) to receive any direct or indirect financial benefit through the litigation process or decision;
Amendment 260 #
2018/0089(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1, 2 and 3. The redress obtained through an approved settlement in accordance with paragraph 4 shall be without prejudice to any additional rights to redress that the consumers concerned may have under Union or national lawThe redress obtained through an approved settlement in accordance with paragraph 4 must be definitive and applicable to all cases involving the same practice, the same consumers and the same company.
Amendment 266 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in Articles 5 and 6, and the approved settlements referred to in Article 8, by means appropriate to the circumstance of the case and within specified time limits, including, where appropriate, through notifying all consumers concerned individually.
Amendment 272 #
2018/0089(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 275 #
2018/0089(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 281 #
2018/0089(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
In accordance with national law, Member States shall ensure that the submission of a representative action as referred to in Articles 5 and 6 shall have the effect of suspending or interrupting limitation periods applicable to any redress actions for the consumers concerned, if the relevant rights are subject to a limitation period under Union or national law.
Amendment 284 #
2018/0089(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that, at the request of a qualified entity that has presented reasonably available facts and evidence sufficient to support the representative action, and has indicated further evidence which lies in the control of the defendant, provided such information is precisely described and narrowly limited to what is proportionate, the court or administrative authority may order, in accordance with national procedural rules, that such evidence be presented by the defendant, subject to the applicable Union and national rules on confidentiality.
Amendment 289 #
2018/0089(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 293 #
2018/0089(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall take the measures necessary to ensure that any qualified entity designated in advance in one Member State in accordance with Article 4(1) may apply to the courts or administrative authorities of another Member State upon the presentation of the publicly available list referred to in that Article. The courts or administrative authorities shall accept this list as proof of the legal standing of the qualified entity without prejudice to their right to examine whether the purpose of the qualified entity justifies its taking action in a specific case.
Amendment 160 #
2018/0048(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) In order to allow for a competitive Union-framework, crowdfunding service providers should be permitted to raise capital through their platforms using tokens. Initial Coin Offerings (ICOs) offer new and innovative ways of funding but can also generate substantial market, fraud and cyber security risks to investors. Therefore, crowdfunding service providers that wish to offer ICOs through their platform, should comply with specific additional requirements under this Regulation. Whilst project owners can still opt for the private placement of an ICO or use a prospectus for an ICO, this regulation only covers those who opt to use a crowdfunding service provider as an intermediary. Further to this, ICOs raising in excess of EUR 8 000 000 or ICOs that do not use a centralised issuer should not fall within the scope of this Regulation. Only tokens that represent either a loan or transferable security and that have a central issuer who takes responsibility for the issuance of the tokens should be covered by the Regulation. Crowdfunding Service providers who offer ICOs via their platform should ensure that all requisite due diligence checks have been conducted in accordance with this regulation.
Amendment 196 #
2018/0048(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d a (new)
Article 2 – paragraph 2 – point d a (new)
(da) crowdfunding service providers that facilitate the raising of capital through their platforms via Initial Coin Offerings (ICO) that issue tokens that do not have a centralised issuer.
Amendment 216 #
2018/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l a (new)
Article 3 – paragraph 1 – point l a (new)
(la) ‘Initial Coin Offering’ or ‘ICO’ means a method of raising funds from the public using tokens that are put for sale by a business or an individual in exchange for fiat or cryptocurrencies.
Amendment 217 #
2018/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l b (new)
Article 3 – paragraph 1 – point l b (new)
(lb) ‘token’ means any form of digital medium of exchange, a digital unit of account and/or a store of value that is used to serve as or represent an asset
Amendment 218 #
2018/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l c (new)
Article 3 – paragraph 1 – point l c (new)
(lc) ‘cryptocurrency’ means a maths- based decentralised convertible virtual currency that is protected by cryptography, relies on public and private keys to transfer value from one person to another and may be cryptographically signed each time it is transferred;
Amendment 224 #
2018/0048(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Provision of Initial Coin Offerings 1. This Regulation shall apply to crowdfunding service providers authorised in accordance with Article 10 who facilitates ICOs that fall within the scope of this Article 4a. 2. This Regulation shall only apply to ICOs of tokens where there is a centralised issuer of the tokens. 3. This Regulation shall only apply to ICOs of tokens that are either loans or transferable securities. 4. This Regulation shall only apply to the primary issuance or selling of tokens and not secondary trading of such tokens. 5. This Regulation shall not apply to private placement of tokens. 6. This Regulation shall not apply to ICOs with a consideration of more than EUR 8 000 000 per issuance in an ICO.
Amendment 1 #
2017/2007(INI)
Motion for a resolution
Recital A
Recital A
A. whereas three-dimensional (3D) printing became accessible to the general public when 3D printers for individuals were placed on the market; whereas that market should, however, remain marginal in the medium term, taking into account the cost of printers and materials, the limited capacity of 3D printers designed for individual use, and the limited number and nature of materials made available to consumer and when companies arrived on the market offering both digital models and 3D printing services;
Amendment 3 #
2017/2007(INI)
Motion for a resolution
Recital C
Recital C
C. whereas most of today’s high-tech industries use this technology, whereas opportunities to use 3 D printing have highly increased in many areas, and whereas expectations are high in many areas, for example, the medical, aeronautics, aerospace, automotive, building, architect (ranging from regenerative medicine to the manufacture of prosthetics), aeronautics, aerospace, automotive, household electrical appliance, building, archaeological research, architecture, mechanical engineering, leisure and design sectors;
Amendment 4 #
2017/2007(INI)
Motion for a resolution
Recital E
Recital E
E. whereas 3D-printing technology could helpis expected to create more new jobs that arefor skilled labour that are in some cases less physically demanding and less dangerous (maintenance technicians, engineers, designers, etc.), and also reduce production and storage costs (low-volume manufacturing, personalised manufacturing, etc.)whereas with the creation of new technician positions (e.g. operator for 3D printers) new liabilities will emerge and the 3D-printing industry will need to provide the appropriate trainings in order for the technicians to be at the same level with their counterparts in traditional manufacturing; whereas 3D-printing technology will also reduce production and storage costs (low-volume manufacturing, personalised manufacturing, etc.); whereas, however, the decrease in manufacturing jobs will greatly affect the economy of countries that rely on a large number of low-skill jobs;
Amendment 5 #
2017/2007(INI)
Motion for a resolution
Recital F
Recital F
F. whereas 3D-printing technology raisesmight raise some specific legal and ethical issueconcerns regarding all areas of intellectual property law, such as copyright, patents, designs, three-dimensional trademarks and even geographical indications, and civil liability, and whereas those issue, moreover, those concerns fall within the remit of the Committee on Legal Affairs;
Amendment 6 #
2017/2007(INI)
Motion for a resolution
Recital G
Recital G
G. whereas 3D-printing technology might also raises security issueand especially cyber-security concerns, particularly with regard to the manufacturing of weapons, explosives and drugs and any other hazardous objects, and particular care should be taken with regard to production of that kind;
Amendment 8 #
2017/2007(INI)
Motion for a resolution
Recital N
Recital N
N. whereas Directive 85/374/EEC on liability for defective products covers all contracts; whereas it should be noted that it is progress in 3D printing amongst other things that has led the Commission to undertake a revision of that Directive to check whether it still meets current needpublic consultation with the aim of assessing whether this Directive is fit for purpose in relation to new technological developments;
Amendment 8 #
2017/2007(INI)
Motion for a resolution
Recital A
Recital A
A. whereas three-dimensional (3D) printing became accessible to the general public when 3D printers for individuals were placed on the market; whereas that market should, however, remain marginal in the medium term, taking into account the cost of printers and materials, the limited capacity of 3D printers designed for individual use, and the limited number and nature of materials made available to consumers;
Amendment 10 #
2017/2007(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that to anticipate problems relating to accidentcivil liability or intellectual property infringement that 3D printing might cause in the future, the EU willmight have to adopt new legislation orand tailor existing laws to the specific case of 3D technology, taking into account the decisions of the European Union Intellectual Property Office (EUIPO) and the relevant case law of the EU and Member State courts and after having carried out a thorough impact assessment evaluating all policy options; stresses that, in any case, the legislative response should avoid duplicating existing rules and should take into account projects that are already under way, in particular the legislation on copyright currently applicable to 2D printing; adds that innovation needs to be promoted and accompanied by law, without the law acting as a brake or a constraint;
Amendment 11 #
2017/2007(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that solutions of a legal nature if necessary could make it feasible to control the legal reproduction of 3D objects protected by copyright, for example, digital and 3D- printing providers could systematically display a notice on the need to respect intellectual property, a legal limit could be introduced on the number of private copies of 3D objects in order to prevent illegal reproduction, and a tax on 3D printing could be levied to compensate intellectual property rights holders for damages suffered asemphasises, in that context, the importance of elements that make it possible to trace 3D objects or of the introduction of a legal limit on the number of private copies of 3D objects in order to prevent illegal reproduction; emphasises that if a 3D copy constitutes a private copy, national laws governing exemptions for private copies will apply, including as regards compensation or revenue collection schemes, where they a result of private copies being made in 3D provided for in national law;
Amendment 12 #
2017/2007(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas 3 D printing is viewed as one of the most prominent technologies where Europe can play a leading role; whereas the European Commission recognized the benefits of 3 D printing by sponsoring 21 projects based on the technology by Horizon 2020 between 2014-2016.
Amendment 19 #
2017/2007(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the majority of thesome industries have been using final parts made by using 3D- printed products being cing for a number of years already and the final parts market continues to grow at a related are prototypesively fast rate;;
Amendment 28 #
2017/2007(INI)
Motion for a resolution
Recital C
Recital C
C. whereas expectations are highopportunities to use 3 D printing have highly increased in many areas, for example, the medical, aeronautics, aerospace, automotive, building, architecture and design sectors;
Amendment 39 #
2017/2007(INI)
Motion for a resolution
Recital E
Recital E
E. whereas 3D-printing technology could helpis expected to create more new jobs for skilled labour that are less physically demanding and less dangerous (maintenance technicians, engineers, designers, etc.) and also reduce production and storage costs (low-volume manufacturing, personalised manufacturing, etc.);
Amendment 46 #
2017/2007(INI)
Motion for a resolution
Recital F
Recital F
F. whereas 3D-printing technology might raises specificome legal and ethical issueconcerns regarding intellectual property and civil liability, and whereas those issueconcerns fall within the remit of the Committee on Legal Affairs;
Amendment 53 #
2017/2007(INI)
Motion for a resolution
Recital G
Recital G
G. whereas 3D-printing technology also raisesmight raise some security issueconcerns, particularly with regard to the manufacturing of weapons, explosives and drugs, and particular care should be taken with regard to production of that kind;
Amendment 67 #
2017/2007(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, from a copyright point of view, useful certain distinctions should be made: for instance, between home printing for private use and printing for commercial use, and between B2B services and B2C services.
Amendment 86 #
2017/2007(INI)
Motion for a resolution
Recital N
Recital N
N. whereas Directive 85/374/EEC on liability for defective products covers all contracts; whereas it should be noted that it is progress in 3D printing amongst other things that has led the Commission to undertake a revision of that Directive to check whether it still meets current needs;
Amendment 90 #
2017/2007(INI)
Motion for a resolution
Recital O
Recital O
O. whereas general liability rules also apply to 3D printing; whereas a specific liability regime could be envisaged for damage caused by an object created using 3D-printing technology, asacknowledging that the number of stakeholders involved in the process often makes it difficult for the victim to identify the person responsible; whereas those rules could make the creator or vendor of the 3D file liable, or the producer of the 3D printer, the producer of the software used in the 3D printer, the supplier of the materials used or even the person who created the object, depending on the cause of the defect discovered;
Amendment 104 #
2017/2007(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that to anticipate problems relating to accident liability or intellectual property infringement that 3 D printing might cause in the future, the EU willmay have to adopt new legislation or tailor existing laws to the specific case of 3D technology; stresses that, in any case, the legislative response should avoid duplicating rules and should take into account projects that are already under way; adds that innovation needs to be accompanied by law, without the law acting as a brake or a constraint;
Amendment 110 #
2017/2007(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 118 #
2017/2007(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that solutions of a legal nature if necessary could make it feasible to control the legal reproduction of 3D objects protected by copyright, for example, digital and 3D- printing providers could systematically display a notice on the need to respect intellectual property, a legal limit could be introduced on the number of private copies of 3D objects in order to prevent illegal reproduction, and a tax on 3D printing could be levied to compensate intellectual property rights holders for damages suffered as a result of private copies being made in 3D;
Amendment 128 #
2017/2007(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses, however, that technical solutions – currently underdeveloped – must not be overlookcould be further investigated, for example, the creation of databases of encrypted and protected files and the design of printers connected to and equipped with a system capable of managing intellectual property rights;
Amendment 131 #
2017/2007(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 140 #
2017/2007(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Therefore cCalls on the Commission to give comprehensive consideration to every aspect of 3D-printing technology when taking the measures referred to in its communication (COM(2017)0707); stresses the importance of involving stakeholders in that work;
Amendment 145 #
2017/2007(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to explore the possibility ofreview whether setting up a civil liability regime for damages not covered by Directive 85/374/EEC is necessary;
Amendment 63 #
2017/0225(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) While certification and other forms of conformity assessment for ICT products, services, and processes plays an important role, improving cybersecurity requires a multi-faceted approach spanning people, processes, and technologies. The EU must also continue to strongly emphasise and promote other efforts including cybersecurity education, training, and skills development; raising awareness at corporate executive and board-levels; promoting voluntary cyber threat information sharing; and shifting the EU from a reactive to a proactive approach to responding to threats by emphasising the prevention of successful cyber-attacks.
Amendment 180 #
2017/0225(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point 1
Article 8 – paragraph 1 – point a – point 1
(1) in cooperation with industry stakeholders in a formal, standardised, and transparent process, identifying and preparing candidate European cybersecurity certification schemes for ICT products and services in accordance with Article 44 of this Regulation;
Amendment 183 #
2017/0225(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point 3
Article 8 – paragraph 1 – point a – point 3
(3) compiling and publishing guidelines and developing good practices concerning the cybersecurity requirements of ICT products and services, in cooperation with national certification supervisory authorities and the industry; in a formal, standardised, and transparent process;
Amendment 184 #
2017/0225(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point 3 a (new)
Article 8 – paragraph 1 – point a – point 3 a (new)
(3a) in consultation with all relevant stakeholders, identifying whether standards or certification processes do not yet exist globally for identified needs, and if such gaps are determined to exist, requesting that standards development organisations to develop standards or processes;
Amendment 186 #
2017/0225(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) facilitate the establishment and take-up of European andor international standards for risk management and for the security of ICT products and services, as well as draw up, in collaboration with Member States, advice and guidelines regarding the technical areas related to the security requirements for operators of essential services and digital service providers, as well as regarding already existing standards, including Member States’ national standards, pursuant to Article 19(2) of Directive (EU) 2016/1148;
Amendment 188 #
2017/0225(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) prioritise its work on inventorying existing national level schemes as well as developing guidelines for a possible harmonisation of these schemes in order to create mutual recognition within the Union;
Amendment 237 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. When preparing candidate schemes referred to in paragraph 1 of this Article, ENISA shall consult all relevant stakeholders in a formal, standardised, and transparent process and closely cooperate with the Group. The Group and all relevant stakeholders shall provide ENISA with the assistance and expert advice required by ENISA in relation to the preparation of the candidate scheme, including by providing opinions where necessary.
Amendment 279 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. A European cybersecurity certification scheme may specify one or more of the following assurance levels: basic, substantial and/or high, for ICT products and services issued under that In consultation with relevant stakeholders, ENISA shall identify or develop assurance levels to be specified in European cybersecurity certification schemes.
Amendment 288 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
Amendment 294 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point a
Article 46 – paragraph 2 – point a
Amendment 300 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point b
Article 46 – paragraph 2 – point b
Amendment 304 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point c
Article 46 – paragraph 2 – point c
Amendment 315 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
1. AThe following elements shall be considered when preparing a European cybersecurity certification scheme shall include the following elements:
Amendment 326 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point b a (new)
Article 47 – paragraph 1 – point b a (new)
(ba) relevance of promoting “security by design”;
Amendment 75 #
2017/0003(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Connected devices and machines increasingly communicate with each other by using electronic communications networks (Internet of Things). The transmission of machine-to-machine communications involves the conveyance of signals over a network and, hence, usually constitutes an electronic communications service. In order to ensure full protection of the rights to privacy and confidentiality of communications, and to promote a trusted and secure Internet of Things in the digital single market, it is necessary to clarify that this Regulation should apply to the transmission of machine-to-machine communications. Therefore, the principle of confidentiality enshrined in this Regulation should also apply to the transmission of machine-to- machine communications. Specific safeguards could also be adopted under sectorial legislation, as for instance Directive 2014/53/EU. Regulation shall not apply to machine-to-machine communications which are not provided as a service targeting the general public. Moreover, the provision of machine-to- machine platforms shall not be considered to be an electronic communications service solely by the inclusion of service other than the mere conveyance of communication data (such as collecting and making machine-to-machine data available to end-users via (i) the platform, (ii) offering functions to analyse the machine-to-machine data via the platform or (iii) transfer signals to operate and control the machines via the platform).
Amendment 90 #
2017/0003(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The prohibition of storage of communications is not intended to prohibit any automatic, intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network. ItThe processing of anonymous data by providers, and making data anonymous, should be incentivised as the act of anonymization dramatically reduces the risk from a privacy and security perspective associated with processing of data related to transmission. This Regulation also should not prohibit either the processing of electronic communications data to ensure the security, confidentiality, integrity, availability, authenticity and continuity of the electronic communications services and networks, including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements, such as latency, jitter etc.
Amendment 93 #
2017/0003(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Regulation 2016/679 explicitly recognises the need to provide additional protection to children, given that they may be less aware of the risks and consequences associated with the processing of their personal data. This Regulation should also grant special attention to the protection of children's privacy. They are among the most active internet users and their exposure to profiling and behaviourally targeted advertising techniques should be prohibited.
Amendment 116 #
2017/0003(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no, or only very limited, intrusion of privacy. For instance, consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end-user. This may include the storing of cookies for the duration of a single established session on a website to keep track of the end-user’s input when filling in online forms over several pages. Consent should also not be necessary if the information processed or stored is necessary to protect privacy, security or safety of the end-user, or to protect confidentiality, integrity, availability and authenticity of the terminal equipment. Cookies can also be a legitimate and useful tool, for example, in measuring web traffic to a website. Information society providers that engage in configuration checking to provide the service in compliance with the end-user's settings and the mere logging of the fact that the end-user’s device is unable to receive content requested by the end- user should not constitute access to such a device or use of the device processing capabilities. As an exemption from obtaining end-user´s consent, the processing of information and data that are or are rendered pseudonymous or anonymous should be allowed or for purposes other than those for which they were initially collected in cases where the processing is compatible and is subject to specific safeguards, especially pseudonymisation as set forth in point (4) of Article 6 of Regulation (EU) 2016/679
Amendment 123 #
2017/0003(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The methods used for providing information and obtaining end-user's consent should be as user-friendly as possible. Given the ubiquitous use of tracking cookies and other tracking techniques, end-users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment. As a result, end-users are overloaded with requests to provide consent. The use of technical means to provide consent, for example, through transparent and user-friendly settings, may address this problem. Therefore, this Regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other application. The choices made by end- users when establishing its general privacy settings of a browser or other application should be binding on, and enforceable against, any third parties, provided that there is no separate specific consent given by the end-user. Web browsers are a type of software application that permits the retrieval and presentation of information on the internet. Other types of applications, such as the ones that permit calling and messaging or provide route guidance, have also the same capabilities. Web browsers mediate much of what occurs between the end-user and the website. From this perspective, they are in a privileged position to play an active role to help the end-user to control the flow of information to and from the terminal equipment. More particularly web browsers may be used as gatekeepers, thus helping end-users to prevent information from their terminal equipment (for example smart phone, tablet or computer) from being accessed or stored.
Amendment 129 #
2017/0003(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The principles of data protection by design and by default were codified under Article 25 of Regulation (EU) 2016/679. Currently, the default settings for cookies are set in most current browsers to ‘'accept all cookies’'. Therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the optioninform the end-user about the possibility to express his or her consent using appropriate technical settings. The end-user should be offered multiple options to choose from, including to prevent third parties from storing information on the terminal equipment; this is often presented as ‘reject third party cookies’. End-users should be offered a set of privacy setting options, ranging from, higher (for example, ‘never accept cookies’) to lower (for example, ‘always accept cookies’) and intermediate (for example, ‘reject third party cookies’ or ‘only accept first party cookies’)rejecting tracking that is not necessary for the functionality of the website or other software to, for example, accepting tracking necessary for the functionality of the website or other software as well as for other purposes or, for example, accepting tracking necessary for the functionality of the website or other software and tracking for other purposes by parties that demonstrate the compliance with the EU data protection and privacy legislation, for instance in line with Article 40 and 42 of Regulation (EU) 2016/679. Such privacy settings should be presented in a an easily visible and intelligible manner.
Amendment 147 #
2017/0003(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network. Furthermore, devices must have a unique address assigned in order to be identifiable on that network. Wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a MAC address, the IMEI (International Mobile Station Equipment Identity), the IMSI etc. A single wireless base station (i.e. a transmitter and receiver), such as a wireless access point, has a specific range within which such information may be captured. Service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities, including people counting, providing data on the number of people waiting in line, ascertaining the number of people in a specific area, etc. This information may be used for more intrusive purposes, such as to send commercial messages to end-users, for example when they enter stores, with personalized offers. While some of these functionalities do not entail high privacy risks, others do, for example, those involving the tracking of individuals over time, including repeated visits to specified locations. Providers engaged in such practices should ask for the end-user´s consent or should carry out data protection impact assessment and in this case the data collected is or is rendered pseudonymous or anonymous. Where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk, prior consultation with the supervisory authority, as prescribed in Article 36 of Regulation (EU) 2016/679, should be carried out. Providers should display prominent notices located on the edge of the area of coverage informing end-users prior to entering the defined area that the technology is in operation within a given perimeter, the purpose of the tracking, the person responsible for it and the existence of any measure the end-user of the terminal equipment can take to minimize or stop the collection. Additional information should be provided where personal data are collected pursuant to Article 13 of Regulation (EU) 2016/679.
Amendment 158 #
2017/0003(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Publicly available directories of end-users of electronic communications services are widely distributed. Publicly available directories means any directory or service containing end-users information such as phone numbers (including mobile phone numbers), email address contact details and includes inquiry services. The right to privacy and to protection of the personal data of a natural person requires that end-users that are natural persons are asked for consent before their personal data are included in a directory. The legitimate interest of legal entities requires that end- users that are legal entities have the right to object to the data related to them being included in a directory. The consent should be collected by the electronic communications service provider at the moment of signing the contract for such service.
Amendment 177 #
2017/0003(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to strengthen the enforcement of the rules of this Regulation, each supervisory authority should have the power to impose penalties including administrative fines for any infringement of this Regulation, in addition to, or instead of any other appropriate measures pursuant to this Regulation. This Regulation should indicate infringements and the upper limit and criteria for setting the related administrative fines, which should be determined by the competent supervisory authority in each individual case, taking into account all relevant circumstances of the specific situation, with due regard in particular to the nature, gravity and duration of the infringement and of its consequences and the measures taken to ensure compliance with the obligations under this Regulation and to prevent or mitigate the consequences of the infringement. For the purpose of setting a fine under this Regulation, an undertaking should be understood to be an undertaking in accordance with Articles 101 and 102 of the Treaty. Double penalties resulting from the infringement of both this Regulation and Regulation (EU) 2016/679 should be avoided.
Amendment 184 #
2017/0003(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation ensures free movement of electronic communications data and electronic communications services within the Union, which shall be neither restricted nor prohibited for reasons related to the respect for the private life and communications of natural and legal persons and the protection of natural persons with regard to the processing of personal data.
Amendment 261 #
2017/0003(COD)
(a a) the data is anonymous or made anonymous before any other processing; or
Amendment 271 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Electronic communications data that is generated in the context of an electronic communications service designed particularly for children or directly targeted at children shall not be used for profiling or behaviourally targeted advertising purposes.
Amendment 323 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(b a) the information is or is rendered pseudonymous or anonymous; or
Amendment 347 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) it is necessary to protect privacy, security or safety of the end-user, or to protect confidentiality, integrity, availability, authenticity of the terminal equipment; or
Amendment 354 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)
Article 8 – paragraph 1 – point d b (new)
(d b) it is necessary to measure the effectiveness, reach and quality of an information society service delivered to the end-user or about terminal equipment functionality, and it has no or little impact on the privacy of the end-user concerned.
Amendment 425 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon installation, the software shall inform the end-user about the privacy settings options and, to continue with the installation, require the end-user to consent to a setting, except when the software already has built-in solution that prevents third parties from storing information on the terminal equipment.
Amendment 428 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 436 #
2017/0003(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 5 to 8 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary, appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in Article 23(1)(a) to (e) of Regulation (EU) 2016/679 or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interestsnational security (i.e. state security), defence, public security, and the prevention, investigation, detection and prosecution of criminal offences..
Amendment 233 #
2016/2276(INI)
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 respectapplying thdue duty of cariligence, while maintaining a balanced and business- friendly approach;
Amendment 252 #
2016/2276(INI)
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, measures complemented by effective 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 contenthem if they slips through preventive monitoring;
Amendment 269 #
2016/2276(INI)
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 5 #
2016/2248(INI)
Motion for a resolution
Recital B
Recital B
B. whereas this requires a renewed focus across Europe, including the timely completion and implementation of different single market strategies, especially Digital Single Market strategy;
Amendment 10 #
2016/2248(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates that the single market is one of the foundations of the EU and is the backbone of Member States’ economies and of the European project as a whole; notes that the single market remains fragmented and insufficiently implemented and the great potential for growth, innovation and jobs largely untapped; stresses that for the EU to successfully strengthen its recovery and foster convergence, the single market plays an essential role;
Amendment 13 #
2016/2248(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates its call for the creation of a real single market pillar within the European Semester with all dimensions of the single market - on goods, services, capital, energy transport, and in the digital sector, with a system of regular monitoring, identification of the country- specific barriers to the single market and evaluation of single market integration and competitiveness; insists that the evaluation of the state of single market integration should become an integral part of the economic governance framework;
Amendment 17 #
2016/2248(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the Single Market pillar within the European Semester should serve to identify the key areas with all dimensions of the single market for the promotion and facilitation of growth and jobs; stresses, furthermore, that it should also serve as a benchmark for commitment to structural reform in Member States;
Amendment 20 #
2016/2248(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Believes that with regard to national measures or implementation early intervention may be more effective and better results achieved than through infringements procedures; stresses, nevertheless, that if the early intervention proceeding do not give results, the Commission must use all available measures, including infringement procedures, to ensure full implementation of legislation on the single market;
Amendment 24 #
2016/2248(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission to carry out systematic monitoring of implementation and enforcement of the single market rules through the country-specific recommendations (CSRs), in particular where those rules make a contribution to structural reforms; believes that the ownership of the CSRs by national parliaments needs to be strengthened; encourages the Member States to provide the possibility for the Commission to present the CSRs in the national parliaments; calls, furthermore, on the Member States to implement the CSRs and to rigorously transpose the EU targets into national targets; reiterates, furthermore, its request that the Commission report to the competent committee of Parliament on the measures taken to ensure progress in the implementation of the CSRs and the progress achieved thus far;
Amendment 1032 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 116 – paragraph 3 – subparagraph 1
Rule 116 – paragraph 3 – subparagraph 1
Parliament shall establish a register of Parliament documents. Legislative documents and certain other categories of documents shall, in accordance with Regulation (EC) No 1049/2001, be made directly accessible through the register, in an open and accessible format to allow for the reuse of content. References to other Parliament documents shall as far as possible be included in the register.
Amendment 6 #
2016/2101(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates the importance of a well- functioning and integrated Single Market to the recovery of the European economy after the financial crisis; supports the inclusion of Country-Specific Recommendations (CSRs) which go beyond narrow fiscal and macroeconomic targets and allow for a more balanced policy mix with the potential to help sustain a socially balanced recovery; welcomes this repositioning, as well as the streamlined structure of CSRs; stresses that fragmentation of the single market is one of the major impediments to higher structural economic growth;
Amendment 12 #
2016/2101(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the large number of CSRs that support a well-functioning and integrated Single Market, including financing and investment opportunities which support businesses and help create jobs, e-government, public procurement and mutual recognition including mutual recognition of qualifications; stresses that enforcement is key if the impact from these policy areas is to be felt;
Amendment 19 #
2016/2101(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the importance of ensuring consistency between ongoing and future Commission Single Market initiatives and the European Semester process, in particular those involving the Single Market and Digital Single Market Strategies; Calls on the Member States to fully cooperate in implementing the Digital Single Market and Single Market Strategies; urges the Commission and Member States to support the further development of the collaborative economy;
Amendment 31 #
2016/2101(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Member States to do all they can to foster a healthy business environment through innovation, R&D and digitalisation, in order to create jobs, particularly through micro-businesses, startups and SMEs;
Amendment 37 #
2016/2101(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Condemns the barriers which still exist that hinder a well-functioning and integrated Single Market, in particular the partial transposition and implementation of the Services Directive by many Member States, and calls on the Commission to enforce more effectively what Member States have signed up to in European law; recalls the Commission's promise to - if necessary - use infringement procedures to ensure full implementation of legislation on the single market of goods, services and in the digital sphere and to ensure structural reforms in product, services and labour markets in Member States;
Amendment 45 #
2016/2101(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes that further action is required to better implement mutual recognition principle including mutual recognition of professional qualifications, and welcomes the exercise of mapping regulated qualifications, which will create an interactive public database that can aid Member States’ National Action Plans;
Amendment 53 #
2016/2101(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Supports the Member States in their endeavours to modernise public services, in particular through e-government, and calls for better cross-border cooperation, de-bureaucratization and interoperability of public administrations to the benefit of all citizens;
Amendment 5 #
2016/2064(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that, having been fully operational for less than a year, the European Fund for Strategic Investments (EFSI) has kicked off successfully, delivering some initial concrete results and acting as a positive instrument to overcome the lack of investment in Europe through coordinated action; stresses, however, that the pace needs to be accelerated and its initial results need to improve significantly in the near future, particularly in those Member States in which the financing provided by EFSI was particularly low, in order for the instrument to achieve its objectives fully;
Amendment 11 #
2016/2064(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that EFSI has started functioning successfully, already delivering concrete results in some Member States and therefore, acting as a positive instrument to overcome the lack of investment and to fight unemployment in Europe through coordinated action;
Amendment 17 #
2016/2064(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. UrgStresses that EFSI must ensure greater additionality for its projects in relation to normal EIB activities; underlines the fact that EFSI should support strategic investments related to projects that cannot obtain funding because of market failures, suboptimal investment situations or high levels of risk; recalls, furthermore, that when determining the criteria for use of the EU guarantee, EFSI should consider not only the profitability factor, but also the positive effects in terms of growth, job creation and cohesion;
Amendment 23 #
2016/2064(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that, while the SMEs window of the EFSI represented a goods an excellent opportunity for start-ups, SMEs and mid- caps, there is a lack of big investment; calls for the creation of further opportunities for SMEs to obtain financing for higher-risk projects, particularly in the digital sector, but also points out that major investment projects should not be forgotten; emphasises, therefore, the need to improve the financing of infrastructure and innovation projects;
Amendment 27 #
2016/2064(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission and the Member States to help SMEs and micro- enterprises to tap into funding more easily, so as to increase their capacity to implement projects and afford them better access to advisory services and technical support; calls on the Commission for the creation of further opportunities for SMEs to obtain financing for higher-risk projects, particularly in digital sector;
Amendment 30 #
2016/2064(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that the strong interest and participation in EFSI projects by intermediary banks across the EU in order to provide finance to SMEs was extremely successful; encourages the Commission to work with the EFSI Steering Board to use all the existing possibilities under the EFSI Regulation to reinforce this access to finance for SMEs, in order to increase in the overall volume of actions for these instruments and allow the EIF to finance a significant extra volume of operations;
Amendment 35 #
2016/2064(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for better coordination between EFSI and other EU funds, in particular the European Structural and Investment Funds (ESIFs), so as to promote stronger cohesion in Europe and ensure that EFSI has wide geographical coverage, particularly in those countries in which attempts to obtain EFSI financing have been low; urges the Commission to step up the EFSI communication campaign and to increase awareness of EFSI; suggests preparing information for SMEs to explain, in a simple and intelligible manner using specific examples, how they can obtain financing and the types of projects that are financed by EFSI; calls, also, for closer cooperation with national promotional banks, local and regional authorities and relevant stakeholders, including further encouragement to establish investment platforms to aggregate sectorial and geographical investment opportunities;
Amendment 36 #
2016/2064(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for better coordination between EFSI and other EU funds, in particular the European Structural and Investment Funds (ESIFs), so as to promote stronger cohesion in Europe and ensure that EFSI has wide geographical coverage; calls, also, for closer cooperation with national promotional banks, local and regional authorities and relevant stakeholders, including further encouragement to establish investment platforms to aggregate sectorial and geographical investment opportunities; encourages the Advisory Hub to work more locally and to enhance its cooperation with National Promotional Banks;
Amendment 39 #
2016/2064(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the strong interest and participation in EFSI projects by intermediary banks across the EU in order to provide finance to SMEs was extremely successful;
Amendment 40 #
2016/2064(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to work with the EFSI Steering Board to use all the existing possibilities to reinforce this access to finance for SMEs in order to increase in the overall volume of actions for these instruments;
Amendment 42 #
2016/2064(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the need to increase the transparency of EFSI operations and to improve information about projects and their quality to citizens and potential beneficiaries; believes that all contracts signed between EIB and its clients, either public or private ones, need to be disclosed on a systematic basis, in order to prove the additionally of EFSI projects and demonstrate to the public that it is including strong environmental, social, fraud and integrity clauses in the contracts signed; points to the need to enhance the European Investment Project Portal (EIPP) and the European Investment Advisory Hub (EIAH) in order to establish a link with the real economy, give visibility to projects and provide high-quality technical assistance to potential promoters;
Amendment 49 #
2016/2064(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that EFSI is instrumental in completing and restructuring the Single Market; underlines, in this light, the importance of strengthening the third pillar of the ‘Investment Plan for Europe’, also in the context of the European Semester process, in order to make the EU regulatory environment more certain, homogeneous and favourable to investments by focusing especially on strategic objectives such as completion of the Single Market and the development of a well-functioning and innovation driven Digital Single Market, and on key actions that support these objectives;
Amendment 71 #
2016/2064(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to step up the EFSI communication campaign and to increase awareness of EFSI by preparing information for SMEs to explain, in a simple and intelligible manner using specific examples, how they can obtain financing and the types of projects that are financed by EFSI;
Amendment 81 #
2016/2064(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers it disappointing that the Commission’s assessment of the EFSI has failed to record the number of jobs created to date under the Fund and where attempts to obtain EFSI financing have been low;
Amendment 34 #
2016/2062(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that consumers of less- connected cities, regions and countries have a significant competitive disadvantage compared to major hubs and thus calls on the Commission to take action on improving intra-EU connectivity;
Amendment 6 #
2016/2056(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Agrees with the Commission that the lack of cross-border financial services is a major concern and may harm the interests of consumers and businesses, as well as undermine the functioning of the single market; supports all efforts to find new ways to re-launch the single market for retail financial services in practice;
Amendment 10 #
2016/2056(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses, as outlined in the Green paper, that barriers preventing financial products from being sold across borders and the lack of cross-border sales are not primarily found in European law but either in barriers caused by national legislations or by the voluntary choice of financial institutions to segment the single market into national markets; asks the Commission to undertaken further analysis to understand this market segmentation and price discrimination and to recommend in a white paper, while respecting the freedom to contract, measures that could be introduced to encourage financial institutions to compete beyond national borders and to challenge current national pricing structures;
Amendment 14 #
2016/2056(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Underlines the continued lack of cross-border sales of individual third party liability vehicle insurance is especially concerning; notes this lack of competition has led to some EU citizens paying rates that are hundreds of times higher than others for the same vehicle model; while understanding that risk and costs are factors in prices, notes that these factors are not sufficient to explain such price fragmentation across Europe; asks the Commission to adopt an sector specific action plan on the European market for individual motor vehicle insurances, including recommendations as to EU wide rules on guarantee funds, guidelines on the use of 'bonus-malus' data when a EU citizen moves to another Member State and other possible actions needed to create a true single market for vehicle insurance;
Amendment 22 #
2016/2056(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. CWelcomes the benefits brought to consumers by the digital transformation of financial services and the raise of non- traditional fintech companies which have started to change the way retailers and consumers interact; calls on the Commission to ensure that digitalisation brings better market access for all businesses on an equal footing, especially for SMEs and fintechs, and greater consumer choice, bringing down price differences of financial services within the EU;
Amendment 36 #
2016/2056(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is concerned that consumer trust in financial services remains low, and calls on the Commission to bring forwardensure that current measures towards improved consumer financial literacy and awareness are fully implemented, to increase the transparency of these products, and to remove consumer barriers to switching; underlines that the European Standardised Information Sheet (ESIS) and Standard European Consumer Credit Information forms should be systematically given to consumers before an agreement as part of a credit, loan or mortgage estimate;
Amendment 42 #
2016/2056(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States to fully transpose and implement the MCD, PAD, IDD MiFID II directives as soon as possible, especially in relations to their consumer information requirements and protection measures;
Amendment 43 #
2016/2056(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses the roles played by the European Banking Authority (EBA), the European Securities and Markets Authority (ESMA) and the European Insurance and Occupational Pensions Authority (EIOPA) in ensuring the protection of the consumers of financial products; asks the Commission to ensure they have the independency and tools needed to carry out their missions and regrets the budget reductions which have led to the limiting of their working programmes;
Amendment 49 #
2016/2056(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that unjustified discrimination based on residence and price differences for common retail financial products between Member States requires urgent action; suggests that comparison tools play a role in bringing down price differences; believes that retail financial institutions should be within the scope of the Commission's proposal on Geo-blocking (2016/289/EU).
Amendment 62 #
2016/2056(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Emphasises the importance of availability of alternative dispute resolution (ADR) and online dispute resolution (ODR), especially cross-border, as efficient redress is key to the single market and consumer trust; recommends that the Fin- NET programme be incorporated into the ADR and ODR structures in order to increase its efficiency and the work towards consolidating such services into 'one-stop-shops' for consumers;
Amendment 63 #
2016/2056(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Asks the Member States to ensure that digital communications and sales related to retail financial services are available in forms accessible to persons with disabilities, including via websites and downloadable file formats; supports the full inclusion of all retail financial services within the scope of the Directive on the accessibility requirements for products and services (the "European Accessibility Act");
Amendment 64 #
2016/2056(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Asks the Commission to work with retailers, consumer organisations and other relevant stakeholders towards the creation of an independent pan-European comparison website for the most sold financial services products;
Amendment 68 #
2016/2056(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Asks the Commission to assess the impact of a proposal to ban all fees or charges related to the sending or receiving of SEPA or national wire- transfers and the potential benefits for European consumers;
Amendment 70 #
2016/2056(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Welcomes the work towards greater transparency in the pricing of rental car services, including the sale of ancillary insurances and other fees; stresses that all fees or charges, either required or optional, connected to the rental a vehicle should be visible to the consumer on the rental company or comparison website in a clear and highlighted manner; reminds the Commission of the need to enforce the Unfair Commercial Practices Directive and welcomes the recent adoption of new implementing guidelines in light of technological change;
Amendment 71 #
2016/2056(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Underlines the need to remove all barriers to the provision of financial services across borders includes national requirements to establish a structure or register in the Member State of the consumer; reminds the Member States of the current legislative requirements and case law in this domain and believes that if barriers are not removed that the Commission should take additional measures;
Amendment 72 #
2016/2056(INI)
Draft opinion
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Welcomes the increased use of e- signatures and e-identification within the framework of the eIDAS regulation; asks the Member States to work to ensure that e-signatures become the norm for financial service transactions and agreements; calls on the Commission to promote the use of e-IDs as a means of remote identification which meets current safety requirements while not hindering business at a distance;
Amendment 73 #
2016/2056(INI)
Draft opinion
Paragraph 9 e (new)
Paragraph 9 e (new)
9e. Recalls the work done relating to the credit rating agencies regulation; asks the Commission to review the impact of such legislation in relations to products sold to retail consumers;
Amendment 74 #
2016/2056(INI)
Draft opinion
Paragraph 9 f (new)
Paragraph 9 f (new)
9f. Supports the introduction of a fully transferable bank account number system to replace the current SEPA system which ties a consumer to a single institution via the linking of an IBAN with a fixed BIC/SWIFT code; calls on the Commission to introduce a proposal to allow the portability of bank account numbers and believes that, at a minimum, portability should be possible between institutions within a single Member State;
Amendment 2 #
2016/2007(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that the VC industry and the VC technology are innovative technologies and are being developed not on the basis of existing infrastructures;
Amendment 4 #
2016/2007(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises the potential benefits associated with VCs for consumers, businesses, charities and the economy at large, which include greaterenhanced speed and efficiency and reducedlow costs in making payments and transfers, in particular across borders, and potentially promoting financial inclusion;
Amendment 6 #
2016/2007(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that VCs are the only means of payment other than cash, which can facilitate real-time settlement (receiver gets 100% of funds at the time of payment);
Amendment 8 #
2016/2007(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas VC technology differently from most technologies is being developed from zero, not on the top of existing infrastructures;
Amendment 8 #
2016/2007(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 9 #
2016/2007(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas Bitcoin and other VCs are created as a method of transfer, not as a store of value which is just a secondary use case;
Amendment 15 #
2016/2007(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. AcknowledgNotes that VCs could present risks in relation to criminal activities such as money laundering and tax fraud; notes, however that traceability of cash transactions tends to be much lower than VCs, highlights that there is little evidence that VCs have been widely used as a payment vehicle for criminal activity;
Amendment 19 #
2016/2007(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 22 #
2016/2007(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recognises the potential of VC technologies well beyond the financial sector;
Amendment 26 #
2016/2007(INI)
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
(b) more generally reducing the cost of access to finance even without a traditional bank account(VCs and VC technologies are all about eliminating counterparties as intermediaries), thereby potentially contributing to financial inclusion and the derailed G20 and G8 ‘5x5 objective’23 ; __________________ 23 http://web.worldbank.org/WBSITE/EXTE RNAL/TOPICS/EXTFINANCIALSECTO R/0,,contentMDK:22383199~pagePK:210 058~piPK:210062~theSitePK:282885,00.h tml
Amendment 26 #
2016/2007(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that it is difficult to predict how VCs might develop and to identify any potential specific longer-term policy responses while not stifling innovation; recommends the Commission to review the EU legislation on payments in the light of the new possibilities afforded by new technological developments including VCs;
Amendment 30 #
2016/2007(INI)
Motion for a resolution
Paragraph 1 – point d
Paragraph 1 – point d
(d) enabling systems that combine ease of use, low transaction costs and a high degree of privacy, but without full anonymity so that transactions can be traced backmaking transactions traceable in order to make investigations easier for legal authorities in case of malfeasance;
Amendment 32 #
2016/2007(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for the Commission to promote a higher involvement of independent researchers (universities, think tanks) together with private sector to innovate in VCs and VC technology area and allocate sufficient financing through the existing programmes such as Horizon2020;
Amendment 35 #
2016/2007(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
(e) using such systems to develop online micropayment systems that could conceivably replace some of the present data-hungry online and traditional business models which significantly challenge individual privacy;
Amendment 38 #
2016/2007(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses the importance of consumer awareness when using VCs while noting the growing use of VC micropayments for online purchases of goods; calls on the VC industry, in cooperation with the CommissionMember States, in cooperation with the Commission, to engage in promoting and educating citizens about VC technology so that VC technologies could be implemented to improve or replace existing payment or financial market infrastructures to achieve higher market efficiency; calls on the VC industry and the Member States, to develop voluntary standards and to address the opportunities and challenges of VCs for consumers with the aim of enhancing the transparency of VC schemes in terms of how they are organised and operated and how they distinguish themselves from regulated and supervised payment systems, in terms of consumer protection, in order to allow existing and future VC users to make an informed choice.
Amendment 48 #
2016/2007(INI)
Motion for a resolution
Paragraph 2 – point d
Paragraph 2 – point d
(d) the legal uncertainty and lack of EU approach surrounding new applications of DLT, which may in some instances be the subject of (sometimes ill- suited) existing legislation while in other instances appropriate regulation may still be lacking;
Amendment 79 #
2016/2007(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for a proportionate regulatory approach at EU level so as not to stifle innovation at an early stage, while taking seriously the regulatory challenges that the widespread use of VCs and DLT might pose;
Amendment 116 #
2016/2007(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for the Commission to promote a higher involvement of independent researchers (universities, think tanks) together with private sector to innovate in VCs and VC technology space and allocate sufficient financing through the existing programmes such as Horizon 2020;
Amendment 118 #
2016/2007(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls for Member States to engage in promoting and educating citizens about VC technology and its possible benefits for business so that VC technologies could be implemented to improve or replace existing payment or financial market infrastructures to achieve higher market efficiency;
Amendment 146 #
2016/0402(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
3 a. “professional qualification requirements” means requirements of professional qualifications as defined in point (b) of Article 3(1) of Directive 2005/36/EC;
Amendment 153 #
2016/0402(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. A host Member State shall refrain from imposing on holders of a previously issued European services e-card requirements other than those referred to in paragraphs 1 and 2 the compliance of which has been or is deemed to have been verified under Artnot impose any authorisation scheme or notification scheme on a holder of a European services e-card, once service provision in its territory has started, which duplicates equivalent or essentially comparable controls to which the provider was subject as part of the procedure for issuing the European servicles 11 to 13e-card.
Amendment 179 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within two weeks from receiving the application the coordinating authority of the host Member State shall examine it and inform the applicant and the coordinating authority of the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State with the exception of those referred to in Article 5(4). In line with the rights of Member States as referred to in Article 10, tThe application form shall include the information about abovementioned requirements. The coordinating authority of the host Member State may, alternatively and within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that in accordance withe application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of thosble Union law. In this case, the coordinating authority of the host Member State shall specify the applicable legislation and why the decision is necessary and appropriate for the purpose of safeguarding the overriding reasons of publicgeneral interest set out in Article 16 of Directive 2006/123/EC or is admissibleinvoked and how the decision does not go beyond what is necessary to attain that purpose, in accordance with other acts of EUUnion law.
Amendment 184 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The host Member State shall take due account in that assessment of the requirements that the applicant already meets in its home Member States. For the purpose of that assessment and within the above-mentioned time-limit, the coordinating authority of the host Member State shall be allowed to request necessary clarifications or necessary additional information from the home Member State or the applicant which is not yet contained in the application. In that case, the time limit referred to in this paragraph is suspended until the requested necessary clarification or necessary additional information is supplied. If the host Member State finds that the requirements already met by the applicant in its home Member State sufficiently fulfil the purpose of the requirement imposed by the host Member State, the host Member State cannot object the European services e-card. The procedure for requesting clarifications or additional information will be laid down by way of the delegated acts referenced in paragraph 4.
Amendment 191 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
Amendment 204 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within one week, whether to issue the European services e- card or reject the application for the European services e-card. The declaration of intention of rejection of the application and the decision to reject the application, notified to the holder of the European services e-card through the electronic platform where the standard form for application is made available, shall be fully reasoned, detailing which of the conditions identified in accordance with paragraph 1 have been deemed not complied with by the applicant and the reasons therefore.
Amendment 207 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1 a (new)
Article 13 – paragraph 5 – subparagraph 1 a (new)
Where the coordinating authority of the host Member State intends to reject the application in accordance with the conditions laid down in this Article, the coordinating authority of the host Member State shall inform the applicant and the coordinating authority of the home Member State, and state its reasons. The applicant shall have two weeks to submit its observations.
Amendment 315 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'interpersonal communications service’' means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons(s) initiating or participating in the communication determine its recipient(s); i. It is the nature of such a service that it is bidirectional. It does not include services which enable interpersonal and interactive communication mereonly as a minor ancillary feature that is intrinsically linked to another service;.
Amendment 321 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 32
Article 2 – paragraph 1 – point 32
(32) voice communications’' means an electronic communications service made available to the public for originating and receiving, directly or indirectly, national or national and international calls through a number or numbers in a national or international telephone numbering plan;
Amendment 459 #
2016/0288(COD)
Proposal for a directive
Article 79 – paragraph 2
Article 79 – paragraph 2
2. Member StatesBEREC, in close cooperation with the European Commission, shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end-users in their territorwhich are indispensable to ensure social and economic participation in society. To that end, the functional internet access service shall be capable of supporting the minimum set of services set services set out by BEREC in close cooperation with the European Commission, taking into account in Annex Vnational specifics.
Amendment 527 #
2016/0288(COD)
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a 1. By [3 months after adoption of this directive], the European Commission jointly with BEREC shall initiate a review of the market of intra-Union communications services terminating in another Member State with a view to assessing measures necessary to eliminate market distortion that leads to abusive pricing. The Commission shall review, inter alia, the degree of competition in intra-Union fixed communications services markets, and in particular shall assess available tariffs for the consumer. This encompasses available tariffs in the scope of voice only contracts, voice services bundled into larger service contracts and available tariffs over the internet access services and OTT's. In assessing measures necessary to enable possible measures to protect consumers, the Commission and BEREC shall take into account the need to ensure that the providers of intra-EU calls are able to recover all costs of providing intra-EU calls, including joint and common costs. 2. By [6 months after start of the assessment], the Commission shall submit a report to the European Parliament and to the Council on the findings of the review referred to in paragraph 1. If decided to be necessary, that report shall be accompanied by an appropriate legislative proposal preceded by a public consultation, to address the intra-EU call tariffs or to provide for another solution to address the issues identified.
Amendment 555 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point c – introductory part
Article 95 – paragraph 1 – point c – introductory part
(c) as part of the information on priceremuneration:
Amendment 559 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point c – point ii
Article 95 – paragraph 1 – point c – point ii
(ii) tariff information regarding any numbers or services subject to particular pricing conditions; with respect to individual categories of services, NRAs may require such information to be provided immediately prior to connecting the callIn case of remuneration other than money an information on the kind of remuneration, notwithstanding Regulation (EU) 2016/679 in case of personal data as remuneration,
Amendment 592 #
2016/0288(COD)
Proposal for a directive
Article 96 – paragraph 1
Article 96 – paragraph 1
1. National regulatory authorities shall ensure that the information referred to in Annex VIIIrticle 95 is published in a clear, comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services other than number-independentinternet access services and interpersonal communications services, or by the national regulatory authority itself. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published.
Amendment 613 #
2016/0288(COD)
Proposal for a directive
Article 97 – paragraph 1
Article 97 – paragraph 1
1. National regulatory authorities may require providers of internet access services and of publicly available number- based interpersonal communications services to publish comprehensive, comparable, reliable, user-friendly and up- to-date information for end-users on the quality of their services and on measures taken to ensure equivalence in access for disabled end-users. That information shall, on request, be supplied to the national regulatory authority in advance of its publication. Measures of providers of publicly available interpersonal communications services to ensure quality of service shall respect net neutrality and shall be taken on a best effort basis.
Amendment 660 #
2016/0288(COD)
Proposal for a directive
Article 100 – paragraph 2
Article 100 – paragraph 2
2. Any subscription to additional services or goods provided or distributed by the same provider of publicly available electronic communications services other than number-independent interpersonal communications services shall not re-start the contract period of the initial contract period unless the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re-startedconsumer and provider have explicitly and legally agreed to it.
Amendment 669 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 1
Article 102 – paragraph 1
1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones, are able to access the emergency services and of private electronic communication networks, are able to access the emergency services, or, where applicable, the internal emergency services, through emergency communications free of charge and without having to use any means of payment, by using the single European emergency number ‘'112’' and any national emergency number specified by Member States.
Amendment 675 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 2
Article 102 – paragraph 2
2. Member States, in consultation with national regulatory authorities and, emergency services and providers of electronic communications services, shall ensure that undertakings providing end- users with number-based interpersonal communications service for originating communications to a number in a national telephone numbering plan provide access to emergency services through emergency communications to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency services the oblig to the extent such emergency communications can reasonably be provided using location infor undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c)mation that is available to number- based interpersonal communications service providers and in a manner that is consistent with the Member State's existing emergency calling infrastructure.
Amendment 702 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 5
Article 102 – paragraph 5
5. Member States shall ensure that caller location information is available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and if available, handset- derived caller location information. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘'112’'. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.
Amendment 719 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 7 a (new)
Article 102 – paragraph 7 a (new)
7a. The Commission shall maintain a database of E.164 numbers of European emergency services to ensure that they are able to contact each other from one Member State to another.
Amendment 723 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 7 b (new)
Article 102 – paragraph 7 b (new)
7b. Member States shall ensure, through the use of electronic communications networks, the establishment of an efficient 'Reverse- 112' communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters, taking into account existing national and regional systems and without hindering privacy.
Amendment 71 #
2016/0280(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The directives which have been adopted in the area of copyright and related rights provide for a high level of protection for rightholders and create a framework wherein the exploitation of works and other protected subject-matter can take place. This harmonised legal framework contributes to the good functioning of the truly integrated internal market; it stimulates innovation, creativity, investment and production of new content, also in the digital environment. The protection provided by this legal framework also contributes to the Union's objective of respecting and promoting cultural diversity while at the same time bringing the European common cultural heritage to the fore. Article 167(4) of the Treaty on the Functioning of the European Union requires the Union to take cultural aspects into account in its action.
Amendment 79 #
2016/0280(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In the fields of research, innovation, education and preservation of cultural heritage, digital technologies permit new types of uses that are not clearly covered by the current Union rules on exceptions and limitations. In addition, the optional nature of exceptions and limitations provided for in Directives 2001/29/EC, 96/9/EC and 2009/24/EC in these fields may negatively impacts the functioning of the internal market. This is particularly relevant as regards cross- border uses, which are becoming increasingly important in the digital environment. Therefore, the existing exceptions and limitations in Union law that are relevant for scientific research, innovation, teaching and preservation of cultural heritage should be reassessed in the light of those new uses. Mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research and innovation, illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced. For uses not covered by the exceptions or the limitation provided for in this Directive, the exceptions and limitations existing in Union law should continue to apply. Directives 96/9/EC and 2001/29/EC should be adapted.
Amendment 79 #
2016/0280(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The directives which have been adopted in the area of copyright and related rights provide for a high level of protection for rightholders and create a framework wherein the exploitation of works and other protected subject-matter can take place. This harmonised legal framework contributes to the good functioning of the truly integrated internal market; it stimulates innovation, creativity, investment and production of new content, also in the digital environment. The protection provided by this legal framework also contributes to the Union's objective of respecting and promoting cultural diversity while at the same time bringing the European common cultural heritage to the fore. Article 167(4) of the Treaty on the Functioning of the European Union requires the Union to take cultural aspects into account in its action.
Amendment 92 #
2016/0280(COD)
Proposal for a directive
Recital 8
Recital 8
(8) New technologies enable the automated computational analysis of information in digital form, such as text, sounds, images or data, generally known as text and data mining. Those technologies allow researchers to process large amounts of digitally stored information to gain new knowledge and discover new trends. Whilst text and data mining technologies are prevalent across the digital economy, there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation. However, in the Union, research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content. In certain instances, text and data mining may involve acts protected by copyright and/or by the sui generis database right, notably the reproduction of works or other subject- matter and/or the extraction of contents from a database. Where there is no exception or limitation which applies, an authorisation to undertake such acts would be required from rightholders. Text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required.
Amendment 96 #
2016/0280(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In the fields of research, innovation, education and preservation of cultural heritage, digital technologies permit new types of uses that are not clearly covered by the current Union rules on exceptions and limitations. In addition, the optional nature of exceptions and limitations provided for in Directives 2001/29/EC, 96/9/EC and 2009/24/EC in these fields may negatively impacts the functioning of the internal market. This is particularly relevant as regards cross- border uses, which are becoming increasingly important in the digital environment. Therefore, the existing exceptions and limitations in Union law that are relevant for scientific research, teaching and preservation of cultural heritage should be reassessed in the light of those new uses. Mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research and innovation, illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced. For uses not covered by the exceptions or the limitation provided for in this Directive, the exceptions and limitations existing in Union law should continue to apply. Directives 96/9/EC and 2001/29/EC should be adapted.
Amendment 102 #
2016/0280(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database. Research organisations should also benefit from the exception when they engage into public-private partnerships. The new exceptions should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in Article 5(1) of Directive 2001/29, which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception. Research organisations should also benefit from the exception when they engage into public-private partnerships.
Amendment 115 #
2016/0280(COD)
Proposal for a directive
Recital 8
Recital 8
(8) New technologies enable the automated computational analysis of information in digital form, such as text, sounds, images or data, generally known as text and data mining. Those technologies allow researchers to process large amounts of digitally stored information to gain new knowledge and discover new trends. Whilst tText and data mining technologies are prevalent across the digital economy, and there is a widespread acknowledgment that text and data mining can in particular benefit not only the research community but also start ups and in so doing encourage innovation. However, in the Union, research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content. In certain instances, text and data mining may involve acts protected by copyright and/or by the sui generis database right, notably the reproduction of works or other subject- matter and/or the extraction of contents from a database. This is where research organisations such as universities and research institutes as well as businesses that use text and data mining as their main tool are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content. Where there is no exception or limitation which applies, an authorisation to undertake such acts would be required from rightholders. Text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required.
Amendment 124 #
2016/0280(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining. However, those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research. Moreover, where researchers havethere is lawful access to content, for example through subscriptions to publications or open access licences, the terms of the licences may exclude text and data mining. As research is increasingly carried out with the assistance of digital technology, there is a risk that the Union's competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining. In terms of digital economy and its growth, it is important to recognise the positive impact that text and mining has on innovation and how it can foster further development of digital economy in the Union by providing for an exception for reproductions and extractions of information to be submitted to text and data mining when there is acquired lawful access.
Amendment 127 #
2016/0280(COD)
Proposal for a directive
Recital 15
Recital 15
(15) While distance learning and cross- border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience. The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher education, also including libraries which provide non- formal learning activities for a wide range of citizens across the Union every year to the extent when they pursue their educational activity for a non-commercial purpose. The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non-commercial nature of the activity.
Amendment 130 #
2016/0280(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The exception or limitation should cover digitall uses of works and other subject- matter, digital or otherwise, such as the use of parts or extracts of works to support, enrich or complement the teaching, including the related learning activities. The use of the works or other subject- matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments, libraries that provide non- formal learning activities, including during examinations, and be limited to what is necessary for the purpose of such activities. The exception or limitation should cover both uses through digital means in the classroom or learning area and online uses through the educational establishment's secure electronic network, the access to which should be protected, notably by authentication procedures. The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching.
Amendment 143 #
2016/0280(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An act of preservation may require a reproduction of a work or other subject- matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders. Cultural heritage institutions are engaged in the preservation of their collections for future generations. Digital technologies offer new ways to preserve the heritage contained in those collections but they also may create new challenges. In view of thespossible new challenges, it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation.
Amendment 147 #
2016/0280(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should therefore be required to provide for an exception to permit cultural heritage institutions and educational establishments to reproduce works and other subject-matter, digitally or otherwise, permanently in their collections for preservation purposes, for example to address technological obsolescence or the degradation of original supports. Such an exception should allow for the making of copies in any format by the appropriate preservation tool, means or technology, in the required number and at any point in the life of a work or other subject-matter to the extent required in order to produce a copy for preservation purposes only.
Amendment 147 #
2016/0280(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database. Research organisations should also benefit from the exception when they engage into public-private partnerships. The new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in Article 5(1) of Directive 2001/29, which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception. Research organisations should also benefit from the exception when they engage into public-private partnerships.
Amendment 150 #
2016/0280(COD)
Proposal for a directive
Recital 21
Recital 21
(21) For the purposes of this Directive, works and other subject-matter should be considered to be permanently in the collection of a cultural heritage institution or educational establishment when copies are owned or permanently held by the cultural heritage institution, for example as a result of a transfer of ownership or licence agreements.
Amendment 158 #
2016/0280(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Cultural heritage institutions should benefit from a clear framework for the digitisation and dissemination, including across borders, of out-of-commerce works or other subject-matter. However, the particular characteristics of the collections of out-of-commerce works mean that obtaining the prior consent of the individual rightholders may be very difficult. This can be due, for example, to the age of the works or other subject- matter, their limited commercial value or the fact that they were never intended for commercial use. It is therefore necessary to provide for measures to facilitate the licensing of rights inonline availability of out-of-commerce works that are in the collections of cultural heritage institutions and thereby to allow the conclusion of agreements with cross- border effect in the internal market.
Amendment 182 #
2016/0280(COD)
Proposal for a directive
Recital 15
Recital 15
(15) While distance learning and cross- border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience. The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher education, also including libraries which provide non- formal learning activities for a wide range of citizens across the Union every year to the extent they pursue their educational activity for a non-commercial purpose. The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non-commercial nature of the activity.
Amendment 192 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to define the concept of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weekly or monthly magazines of general or special interest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection does not extend to acts of hyperlinking which do not constitute communication to the publica computation referencing or indexing system such as hyperlinking.
Amendment 192 #
2016/0280(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The exception or limitation should cover digitall uses of works and other subject- matter, digital or otherwise, such as the use of parts or extracts of works to support, enrich or complement the teaching, including the related learning activities. The use of the works or other subject- matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments as well as libraries that provide non-formal learning activities, including during examinations, and be limited to what is necessary for the purpose of such activities. The exception or limitation should cover both uses through digital means in the classroom or learning area and online uses through the educational establishment's secure electronic network, the access to which should be protected, notably by authentication procedures. The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching.
Amendment 198 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 214 #
2016/0280(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An act of preservation may require a reproduction of a work or other subject- matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders. Cultural heritage institutions are engaged in the preservation of their collections for future generations. Digital technologies offer new ways to preserve the heritage contained in those collections but they could also create new challenges. In view of thespossible new challenges, it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation.
Amendment 215 #
2016/0280(COD)
Proposal for a directive
Recital 37
Recital 37
(37) OEspecially over the last years, the functioning of the online content marketplace has gained in complexity. Oonline services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become mainimportant sources of easy access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject-matter are used as well as their possibilities to get an appropriate remuneration for it, but also causing challenges when copyright protected content is uploaded without prior authorization from right holders.
Amendment 224 #
2016/0280(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should therefore be required to provide for an exception to permit cultural heritage institutions and educational establishments to reproduce works and other subject-matter, digitally or otherwise, permanently in their collections for preservation purposes, for example to address technological obsolescence or the degradation of original supports. Such an exception should allow for the making of copies in any format by the appropriate preservation tool, means or technology, in the required number and at any point in the life of a work or other subject-matter to the extent required in order to produce a copy for preservation purposes only.
Amendment 243 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public, they are obliged toy should conclude licensing agreements with rightholders in order to ensure fair remuneration, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Amendment 247 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
Amendment 249 #
2016/0280(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Cultural heritage institutions should benefit from a clear framework for the digitisation and dissemination, including across borders, of out-of-commerce works or other subject-matter. However, the particular characteristics of the collections of out-of-commerce works mean that obtaining the prior consent of the individual rightholders may be very difficult. This can be due, for example, to the age of the works or other subject- matter, their limited commercial value or the fact that they were never intended for commercial use. It is therefore necessary to provide for measures to facilitate the licensing of rights inonline availability out-of-commerce works that are in the collections of cultural heritage institutions and thereby to allow the conclusion of agreements with cross- border effect in the internal market.
Amendment 260 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject- matter uploaded by their users should take appropriatreasonable and approportionriate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC.
Amendment 265 #
2016/0280(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38 a) For the implementation of such measures, rightholders should provide service providers with accurately identified works or subject matter over which they consider to have rights in copyright. Rightholders retain responsibility for claims made by third parties over the use of works which they would have identified as being their own in the implementation of any agreement reached with the service provider.
Amendment 274 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the funcimplementationing of technologies, such as content recognition technologies. In such casesreasonable and appropriate measures. Therefore, rightholders should provide the necessary data to allow the services to identify their content to which they have rights in copyright and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholdersand provide them with information on the type of technologimeasures used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement.
Amendment 285 #
2016/0280(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration. As authors and performers tend to bare in a weaker contractual position when they grant licences or transfer their rights, they need information to assess the continued economic value of their rights, compared to the remuneration received for their licence or transfer, but they often face a lack of transparency. Therefore, the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers.
Amendment 295 #
2016/0280(COD)
Proposal for a directive
Recital 42
Recital 42
(42) CertainMost contracts for the exploitation of rights harmonised at Union level are of long durationfor the entire duration of copyright, offering fewno possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title. Therefore, without prejudice to the law applicable to contracts in Member States, there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance, including in light of the transparency ensured by this Directive. The assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectorsCollective bargaining should be considered as an option to reach an agreement. Where the parties do not agree on the adjustment of the remuneration, the author or performer should be entitled to bring a claim before a court or other competent authority.
Amendment 300 #
2016/0280(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Authors and performers are often reluctantunable to enforce their rights against their contractual partners before a court or tribunal. Member States should therefore provide for an alternative dispute resolution procedure that addresses claims related to obligations of transparency and the contract adjustment mechanism. The dispute settlement resolution can also be agreed upon in collective agreements.
Amendment 320 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to define the concept of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weekly or monthly magazines of general or special interest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection does not extend to acts of hyperlinking which do not constitute communication to the publica computation referencing or indexing system such as hyperlinking.
Amendment 326 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject-matter to which they have acquired lawful access for the purposes of scientific research.
Amendment 329 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 348 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the digital use of works and other subject- matter for the sole purpose of illustration for teaching or scientific research, to the extent justified by the non-commercial purpose to be achieved, provided that the use:
Amendment 352 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment or a cultural heritage institution or through a secure electronic network accessible only by the educational establishment's pupils or, students and teaching staff, teaching staff or registered members of the cultural heritage institution who are enrolled into the non- formal education activities provided by a cultural heritage institution;
Amendment 365 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Member States availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability and visibility of the licences authorising the acts described in paragraph 1 for educational establishments and cultural heritage institutions.
Amendment 367 #
2016/0280(COD)
Proposal for a directive
Recital 37
Recital 37
(37) OEspecially over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become mainimportant sources of easy access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject-matter are used as well as their possibilities to get an appropriate remuneration for it, also causing challenges when copyright protected content is uploaded without prior authorization from rightholders.
Amendment 371 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States mayshall provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject-matter pursuant to paragraph 1.
Amendment 395 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public, they are obliged toy should conclude licensing agreements with rightholders in order to ensure fair remuneration, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Amendment 403 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
Amendment 421 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject- matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC.
Amendment 428 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3 a (new)
Recital 38 – paragraph 3 a (new)
For the implementation of such measures, rightholders should provide service providers with accurately identified works or subject matter over which they consider to have rights in copyright. Rigtholders retain responsibility for claims made by third parties over the use of works which they would have identified as being their own in the implementation of any agreement reached with the service provider.
Amendment 430 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/ECa presumption of representation of authors of literary works contained in publications and the legal possibility to sue in their own name when defending the rights of such author for the digital use of their press publications.
Amendment 437 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 439 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 443 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the funcimplementationing of technologies, such as content recognition technologies. In such casesreasonable and appropriate measures. Therefore, rightholders should provide the necessary data to allow the services to identify their content to which they have rights in copyright and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreemand provide them with information on the measures, the way they are operated and their success rate for the recognition of rightholders' content.
Amendment 463 #
2016/0280(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration. As authors and performers tend to bare in a weaker contractual position when they grant licences or transfer their rights, they need information to assess the continued economic value of their rights, compared to the remuneration received for their licence or transfer, but they often face a lack of transparency. Therefore, the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers.
Amendment 468 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide access to the public access to large amounts ofto copyright protected works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take reasonable and appropriate measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant,. Those measures may take into account various available technological developments that would be appropriate for the nature of services of information society service provider. The service providers shall cooperate with rightholders and provide them with adequate reporting on the recognition and use of the works and other subject-matter.
Amendment 479 #
2016/0280(COD)
Proposal for a directive
Recital 42
Recital 42
(42) CertainMost contracts for the exploitation of rights harmonised at Union level are of long durationfor the entire duration of copyright, offering fewno possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title. Therefore, without prejudice to the law applicable to contracts in Member States, there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance, including in light of the transparency ensured by this Directive. The assessment of the situation should take account of the specific circumstances of each cCollective bargaining should be considered ase as well as of the specificities and practices of the different content sectorsn option to reach an agreement. Where the parties do not agree on the adjustment of the remuneration, the author or performer should be entitled to bring a claim before a court or other competent authority.
Amendment 481 #
2016/0280(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Authors and performers are often reluctantunable to enforce their rights against their contractual partners before a court or tribunal. Member States should therefore provide for an alternative dispute resolution procedure that addresses claims related to obligations of transparency and the contract adjustment mechanism. The dispute settlement resolution could also be agreed upon in collective agreements.
Amendment 485 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. For this purpose, rightholders shall provide service providers with accurately identified works or subject matter over which they enjoy right.
Amendment 491 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure and provide measures that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1.
Amendment 502 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropri of measures thate andre proportionate content recognition technologiesand effective to ensure the protection of rightholders' works and or other subject-matter, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments.
Amendment 523 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector, timely, adequate, accurate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights on a revenue share basis, notably as regards modes of exploitation, modes of promotion, revenues generated and remuneration due.
Amendment 529 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate levelensure a high degree of transparency in every sector. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States mayshall adjust the obligation in paragraph 1, under the condition that the level of disproportionality is duly justified, provided that the obligation remains effective and ensures an appropriate level of transparency.
Amendment 536 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States may decide that tThe obligation in paragraph 1 does not apply when the contribution of the author or performer is not significant having regard to the overall work or performance or when reporting obligations have been agreed by parties, for instance through collective bargaining agreements which are reflected in terms of the contract or performed or which are otherwise applicable.
Amendment 539 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Paragraph 1 shall not be applicable to entities subject to the transparency obligations established by Directive 2014/26/EU.
Amendment 542 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject-matter to which they havea lawful access is acquired for the sole purposes of scientific researchtext and data mining.
Amendment 551 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that authors and performers are entitled to request additional, appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is widely disproportionately low compared to the unanticipated subsequent relevant revenues and benefits derived from the exploitation of the works or performances.
Amendment 555 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Paragraph 1 does not apply when the contribution of the author or performer is not significant having regard to the overall work or performance, or when a revenue or profit share has been agreed by the parties.
Amendment 579 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the digital use of works and other subject- matter for the sole purpose of illustration for teaching or scientific research, to the extent justified by the non-commercial purpose to be achieved, provided that the use:
Amendment 587 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment or a cultural heritage institution through a secure electronic network accessible only by the educational establishment's pupils or students and teaching staff or registered members of a cultural heritage institution who are enrolled into the non-formal education activities provided by a cultural heritage institution;
Amendment 618 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Member States availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability and visibility of the licences authorising the acts described in paragraph 1 for educational establishments and cultural heritage institutions.
Amendment 632 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States mayshall provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject-matter pursuant to paragraph 1.
Amendment 749 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/ECa presumption of representation of authors of literary works contained in publications and the legal possibility to sue in their own name when defending the rights of such author for the digital use of their press publications.
Amendment 771 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 778 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 822 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide access to the public access to large amounts ofto copyright-protected works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take reasonable and appropriate measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant,. Those measures may take into account various available technological developments that would be appropriate for the nature of services of the information society provider. The service providers shall cooperate with rightholders and provide them with adequate reporting on the recognition and use of the works and other subject-matter.
Amendment 834 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. For this purpose, rightholders shall provide service providers with accurately identified works or subject matter over which they enjoy rights.
Amendment 844 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure and provide measures that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1.
Amendment 861 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologiesof measures that are proportionate and effective to ensure the protection of rightholders' works or other subject matter, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments.
Amendment 884 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis and no less than once a year and taking into account the specificities of each sector, timely, adequate, accurate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights or their successors in title, notably as regards modes of exploitation, revenues generated and remuneration due.
Amendment 906 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate levelensure a high degree of transparency in every sector. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, under the condition that the level of disproportionality is duly justified, provided that the obligation remains effective and ensures an appropriate level of transparency.
Amendment 915 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States may decide that tThe obligation in paragraph 1 does not apply when the contribution of the author or performer is not significant having regard to the overall work or performance or when reporting obligations have been agreed by parties, for instance through collective bargaining agreements which are reflected in terms of the contract.
Amendment 934 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that authors and performers are entitled to request additional,an appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of theor the exploitation of their works or performances.
Amendment 950 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Member States shall ensure that authors and performers or their representative organisations are entitled to request additional, appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when originally agreed remuneration is disproportionately low in comparison to the unexpected success and therefore net revenues derived from the exploitation of their works or performances.
Amendment 970 #
2016/0280(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Proceedings in respect of a dispute may be also brought on behalf of authors and performers by their representative organisations.
Amendment 24 #
2016/0152(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In order to realise the objective of ensuring good functioning of the internal market, as an area without internal frontiers in which the free movement of inter alia goods and services is ensured, it is not sufficient to abolish, as between Member States, only State barriers. Such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms. That occurs where traders operating in one Member State block or limit the access to their online interfaces, such as websites and apps, of custoonsumers from other Member States wishing to engage in cross-border commercial transactions (a practice known as geo-blocking). It also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such custoonsumers from other Member States, both online and offline. Whereas there may sometimes be objective justifications for such differential treatment, in other cases traders deny consumers wishing to engage in cross- border commercial transactions access to goods or services, or apply different conditions in this regard, for purely commercial reasons. This practice undermines the core purpose of the internal market, lowers consumers options and the level of competition.
Amendment 29 #
2016/0152(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services, thus restricting the rights of custoonsumers and preventing them from benefitting from a wider choice and optimal conditions. Such discriminatory practices are an important factor contributing to the relatively low level of cross-border commercial transactions within the Union, including in the sector of electronic commerce, which prevents the full growth potential of the internal market from being realiseda truly integrated internal market and its fostering. Clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross-border transactions and should ensure that rules on non-discrimination can be effectively applied and enforced across the internal market.
Amendment 31 #
2016/0152(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Pursuant to Article 20 of Directive 2006/123/EC of the European Parliament and of the Council17 , Member States are to ensure that service providers established in the Union do not treat recipients of services differently on the basis of their nationality or place of residence. However, that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty, particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice. Moreover, geo-blocking and other forms of discrimination based on nationality, or place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries, which fall outside the scope of that Directive, but which need to be tackled. _________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 42 #
2016/0152(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation aims at preventing discrimination based on custoonsumers' nationality, or place of residence or place of establishment, including geo-blocking, in cross-border commercial transactions between traders and custoonsumers relating to the sales of goods and the provision of services within the Union. It seeks to address direct as well as indirect discrimination, thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on custoonsumers' nationality, or place of residence or place of establishment. Such other criteria can be applied, in particular, on the basis of information indicating the physical location of custoonsumers, such as the IP address used when accessing an online interface, the address submitted for the delivery of goods, the choice language made or the Member State where the custoonsumer's payment instrument has been issued.
Amendment 49 #
2016/0152(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Considering that some regulatory and administrative barriers for traders have been removed across the Union in certain services sectors as a result of the implementation of Directive 2006/123/EC, in terms of material scope, consistency should be ensured between this Regulation and Directive 2006/123/EC. As a consequence, the provisions of this Regulation should apply inter alia to non- audio-visual copyright-protected works when a copyrighted content is blocked for reasons that are not copyright and electronically supplied services, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, subject however to the specific exclusion provided for in Article 4 and the subsequent evaluation of that exclusion as provided for in Article 9. Audio-visual services, including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses, are excluded from the scope of this Regulation. Access to retail financial services, including payment services, should therefore also be excluded. However, the Commission should nevertheless review possibilities to include them in the scope of the Regulation, notwithstanding the provisions of this Regulation regarding non-discrimination in payments.
Amendment 53 #
2016/0152(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Discrimination can also occurs in relation to services in the field of transport, in particular with respect to the sales of tickets for the transport of passengers. However, in that regard R, even though regulation (EC) No 1008/2008 of the European Parliament and of the Council18 , Regulation (EU) No 1177/2010 of the European Parliament and of the Council19 and Regulation (EU) No 181/2011 of the European Parliament and of the Council20 already contain broad prohibitions of discriminations covering all discriminatory practices that the present Regulation seeks to address. Furthermore, it is intended that Regulation (EC) No 1371/2007 of the European Parliament and of the Council21 will be amended to that effect in near future. Therefore, and in order to ensure consistency with the scope of application of Directive 2006/123/EC, services in the field of transport should remain outside the scope of this Regulationservices in the field of transport should either, after review of this Regulation, be included in the scope of this Regulation, or prohibition of discriminations covering all discriminatory practices should be effectively enforced through specific Union legislation in that area. _________________ 18 Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3). 19 Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, p. 1). 20 Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1). 21 Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
Amendment 56 #
2016/0152(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) This Regulation should also cover the sale of bundled services. However, a trader should be under no obligation to sell the bundled services if he or she doesn't have a legal right to provide part of one or several services that are included in that bundle.
Amendment 60 #
2016/0152(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) PursuantThis Regulation should be without prejudice to Regulation (EC) No 593/2008 of the European Parliament and of the Council22 , the choice of law applicable to contracts between a consumer and a professional who pursues his or her commercial or professional activities in the. In cases where a trader actively directs or declares his or her activities to a country or to several countryies where the consumer has his or her habitual residence or, by any means, directs such activities to that, the choice of law applicable to country or to several countries including that country,acts between a consumer and a trader may not have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law of the country where the consumer has his or her habitual residence. Pursuant to Regulation (EU) 1215/2012 of the European Parliament and of the Council23 , in matters related to a contract between a consumer and a professional who pursues commercial or professional activities in the Member State of the consumer's domicile or, by any means, directs such activities to that Member State or to several States including that Member State, a consumer may bring proceedings against the other party in the courts of the Member State where he is domiciled and proceedings may be brought against the consumer only in those courts. _________________ 22 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6). 23 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
Amendment 63 #
2016/0152(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should not affect acts ofbe without prejudice to Union law concerning judicial cooperation in civil matters, notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in Regulations (EC) No 593/2008 of the European Parliament and of the Council24 and (EU) 1215/2012 of the European Parliament and of the Council25 , including the application of those acts and provisions in individual cases. In particular, the mere fact that a trader actprovides access to his or her online interface for consumers from other Member States in accordance with the provisions of this Regulation should not be construed as implying that he directs his activities to the consumer's Member State for the purpose of such application. _________________ 24 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6). 25 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
Amendment 72 #
2016/0152(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The discriminatory practices that this Regulation seeks to address typically take place through general terms, conditions and other information set and applied by or on behalf of the trader concerned, as a precondition for obtaining access to the goods or services in question, and that are made available to the public at large. Such general conditions of access include inter alia prices, payment conditions and delivery conditions. They can be made available to the public at large by or on behalf of the trader through various means, such as information published in advertisements, on websites or pre-contractual or contractual documentation. Such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the custoonsumer. Terms and conditions that are individually negotiated between the trader and the custoonsumers should not be considered general conditions of access for the purposes of this Regulation.
Amendment 73 #
2016/0152(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 79 #
2016/0152(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The effects for custoonsumers and on the internal market of discriminatory treatment in connection to commercial transactions relating to the sales of goods or the provision of services within the Union are the same, regardless of whether a trader is established in a Member State or in a third country. Therefore, and with a view to ensuring that competing traders are subject to the same requirements in this regard, the measures set out in this Regulation should apply equally to all traders operating within the Union.
Amendment 80 #
2016/0152(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to increase the possibility for custoonsumers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency, including with respect to prices, traders should not, through the use of technological measures or otherwise, prevent custoonsumers from having full and equal access to online interfaces on the basis of their nationality, or place of residence or place of establishment. Such technological measure. Access to online interfaces in the form of a mobile application should not be blocked in any possible way for consumers if they prefer to access their chosen online interface through such means and a trader offers such an option in a Member State. Technological measures that prevent such access can encompass, in particular, any technologies used to determine the physical location of the custoonsumer, including the tracking of that by means of IP address, coordinates obtained through a global navigation satellite system or data related to a payment transaction. However, that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with custoonsumers.
Amendment 85 #
2016/0152(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In order to realise the objective of ensuring good functioning of the internal market, as an area without internal frontiers in which the free movement of inter alia goods and services is ensured, it is not sufficient to abolish, as between Member States, only State barriers. Such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms. That occurs where traders operating in one Member State block or limit the access to their online interfaces, such as websites and apps, of custoonsumers from other Member States wishing to engage in cross-border commercial transactions (a practice known as geo-blocking). It also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such custoonsumers from other Member States, both online and offline. Whereas there may sometimes be objective justifications for such differential treatment, in other cases traders deny consumers wishing to engage in cross- border commercial transactions access to goods or services, or apply different conditions in this regard, for purely commercial reasons. This practice undermines the core purpose of the internal market, lowers consumers' options and the level of competition.
Amendment 86 #
2016/0152(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Certain traders operate different versions of their online interfaces, targeting custoonsumers from different Member States. While this should remain possible, redirecting a custoonsumer from one version of the online interface to another version without his or her explicit consent should be prohibited. All versions of the online interface should remain easily accessible to the custoonsumer at all times.
Amendment 87 #
2016/0152(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In certain cases, blocking, limiting of access or redirection without the custoonsumer's consent to an alternative version of an online interface for reasons related to the custoonsumer's nationality, or place or residence or place of establishment might becould be justified only if it is necessary in order to ensure compliance with a legal requirement in Union law or in the laws of a Member States in accordance with Union law. Such laws canmight limit custoonsumers' access to certain goods or services, for instance by prohibiting the display of specific content in a certain Member States. Traders should not be prevented from complying with such requirements and thus should be able to block, or limit the access or redirect certain custoonsumers or custoonsumers in certain territories to an online interface, insofar as that ismay be necessary for that reason. In this regard, a consumer should be notified on an online interface about the purpose of blocking, limiting or redirection to an alternative version of an online interface.
Amendment 91 #
2016/0152(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services, thus restricting the rights of custoonsumers and preventing them from benefitting from a wider choice and optimal conditions. Such discriminatory practices are an important factor contributing to the relatively low level of cross-border commercial transactions within the Union, including in the sector of electronic commerce, which prevents the full growth potential of the internal market from being realiseda truly integrated internal market and its fostering. Clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross-border transactions and should ensure that rules on non-discrimination can be effectively applied and enforced across the internal market.
Amendment 91 #
2016/0152(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In a number of specific situations, any differences in the treatment of custoonsumers through the application of general conditions of access, including outright refusals to sell goods, accept certain financial transactions that are officially stated by a trader or to provide services, for reasons related to the custoonsumers' nationality, or place of residence or place of establishment cannot be objectively justified. In those situations, all such discrimination should be prohibited and custoonsumers should consequently be entitled, under the specific conditions laid down in this Regulation, to engage in commercial transactions under the same conditions as a local custoonsumer and have full and equal access to any of the different goods or services offered irrespective of their nationality, or place of residence or place of establishment. Where necessary, traders should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the custoonsumers concerned would be precluded from having such full and equal access. However, the prohibition applicable in those situations should not be understood as precluding traders from directing their activities at different Member States or certain groups of customers with targeted offers and differing terms and conditions, including through the setting-up of country-specific online interfaces.
Amendment 95 #
2016/0152(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Pursuant to Article 20 of Directive 2006/123/EC of the European Parliament and of the Council17 , Member States are to ensure that service providers established in the Union do not treat recipients of services differently on the basis of their nationality or place of residence. However, that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty, particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice. Moreover, geo-blocking and other forms of discrimination based on nationality, or place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries, which fall outside the scope of that Directive. that are necessary to tackle. __________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 98 #
2016/0152(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The first of those situations is where the trader sells goods and there is no cross-border delivery of those goods by or on behalf of the trader to the Member State where the custoonsumer resides. In that situation the custoonsumer should be able to purchase goods, under exactly the same conditions, including price and conditions relating to the delivery of the goods, as similar custoonsumers who are residents of the Member State of the trader. That may mean that a foreign custoonsumer will have to pick up the good in that Member State, or in a different Member State to which the trader delivers. In this situation, the trader has no obligation to cover any additional costs of the cross- border delivery. Furthermore, there is no need to register for value added tax ("VAT") in the Member State of the custoonsumer, nor arrange for the cross-border delivery of goods.
Amendment 101 #
2016/0152(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation aims at preventing discrimination based on custoonsumers' nationality, or place of residence or place of establishment, including geo-blocking, in cross-border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the Union. It seeks to address direct as well as indirect discrimination, thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on custoonsumers' nationality, or place of residence or place of establishment. Such other criteria can be applied, in particular, on the basis of information indicating the physical location of custoonsumers, such as the IP address used when accessing an online interface, the address submitted for the delivery of goods, the choice language made or the Member State where the custoonsumer's payment instrument has been issued.
Amendment 103 #
2016/0152(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Finally, in the situation where the trader provides services and those services are received by the custoonsumer in the premises of or at a location chosen by the trader and different from the Member State of which the custoonsumer is a national or in which the custoonsumer has his or her place of residence or place of establishment, the application of different general conditions of access for reasons related to such criteria should not be justified either. Those situations concern, as the case may be, the provision of services such as hotel accommodation, sport events, car rental, and entry tickets to music festivals or leisure parks. In those situations, the trader does not have to register for VAT in another Member State nor arrange for cross-border delivery of goods.
Amendment 106 #
2016/0152(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In all those situations, by virtue of the provisions on the law applicable to contractual obligations and on jurisdiction set out in Regulations (EC) No 593/2008 and (EU) 1215/2012, where a trader does not pursue his activities in the Member State of the consumer or does not direct his activities there, or where the customer is not a consumer, compliance with this Regulation does not imply any additional costs for the trader associated with jurisdiction or differences in applicable law. Where, in contrast, a trader does pursue his activities in the consumer's Member State or does direct his activities there, the trader has manifested its intention to establish commercial relations with consumers from that Member State and thus been able to take account of any such costs.
Amendment 108 #
2016/0152(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Traders falling under the special scheme provided in Chapter 1 of Title XII of Council Directive 2006/112/EC27 are not required to pay VAT. For those traders, when providing electronically supplied services, the prohibition of applying different general conditions of access for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer would imply a requirement to register in order to account for VAT of other Member States and might entail additional costs, which would be a disproportionate burden, considering the size and characteristics of the traders concerned. Therefore, those traders should be exempted from that prohibition for such time as such a scheme is applicable. _________________ 27 Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1–118)
Amendment 112 #
2016/0152(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In all those situations, traders may in some cases be prevented from selling goods or providing services to certain custoonsumers or to custoonsumers in certain territories, for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer, as a consequence of a specific prohibition or a requirement laid down in Union law or in the laws of Member States in accordance with Union law. Laws of Member States may also require, in accordance with Union law, traders to respect certain rules on the pricing of books. Traders should not be prevented from complying with such laws in as far as necessary.
Amendment 113 #
2016/0152(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Under Union law, traders are in principle free to decide which means of payment they wish to accept, including payment brands. However, once this choice . In accordance with the rules of Regulation (EU) 2015/751 and Directive (EU) 2015/2366, retailers accepting a card-based payment instrument of a specific brand and category are not under an obligation to accept card-based payment instruments of the same category but of a different brand. Likewise retailers accepting a debit card of a given brand are under no obligation to accept credit card of thast been made, in view of the existing legal framrand, or when accepting consumer credit cards of a given brand also to accept commercial credit card of the same brand. Equally, a trader accepting credit transfers or direct debits is under no obligation to accept the payment, if this requires entering into a new ork for payment services modified contract with a payment service provider. However, once this choice has been made, there are no reasons for traders to discriminate custoonsumers within the Union by refusing certain commercial transactions, or by otherwise applying certain different conditions of payment in respect of those transactions, for reasons related to the nationality, or place of residence or place of establishment of the customer. In this particular context, such unjustified unequal treatment for reasons related to the location of the payment account, the place of establishment of the payment service provider or the place of issue of the payment instrument within the Union should be expressly prohibited as well. It should be further recalled that Regulation (EU) No 260/2012 already prohibits all payees, including traders, from requiring bank accounts to be located in a certain Member State for a payment in euro to be accepted. The trader should remain free to request charges for the use of a payment instrument. However, this right is subject to the restrictions introduced by Article 62(5) of the Directive (EU) 2015/2366.
Amendment 115 #
2016/0152(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Considering that some regulatory and administrative barriers for traders have been removed across the Union in certain services sectors as a result of the implementation of Directive 2006/123/EC, in terms of material scope, consistency should be ensured between this Regulation and Directive 2006/123/EC. As a consequence, the provisions of this Regulation should apply inter alia to non- audio-visual copyright-protected works when a copyrighted content is blocked for reasons that are not copyright and electronically supplied services, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, subject however to the specific exclusion provided for in Article 4 and the subsequent evaluation of that exclusion as provided for in Article 9. Audio-visual services, including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses, are excluded from the scope of this Regulation. Access to retail financial services, including payment services, should therefore also be excluded, nevertheless the Commission should review possibilities to include it in the scope of the Regulation, notwithstanding the provisions of this Regulation regarding non-discrimination in payments.
Amendment 117 #
2016/0152(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Directive 2015/2366/EU of the European Parliament and of the Council28 introduced strict security requirements for the initiation and processing of electronic payments, which reduced the risk of fraud for all new and more traditional means of payment, especially online payments. Payment service providers are obliged to apply so-called strong custoonsumer authentication, an authentication process that validates the identity of the user of a payment service or of the payment transaction. For remote transactions, such as online payments, the security requirements go even further, requiring a dynamic link to the amount of the transaction and the account of the payee, to further protect the user by minimising the risks in case of mistakes or fraudulent attacks. As a result of these provisions, the risk of payment fraud in national and cross- border purchases is brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the Union. _________________ 28 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35– 127).
Amendment 119 #
2016/0152(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) This Regulation should not affect the application of the rules on competition, and in particular Articles 101 and 102 TFEU. Agreements imposing on traders obligations not to engage in passive sales within the meaning of Commission Regulation (EU) No 330/201029 to certain custoonsumers or to custoonsumers in certain territories are generally considered restrictive of competition and cannot normally be exempted from the prohibition laid down in Article 101(1) TFEU. Even when they are not caught by Article 101 TFEU, in the context of the application of this Regulation, they disrupt the proper functioning of the internal market and they may be used to circumvent the provisions of this Regulation. The relevant provisions of such agreements and of other agreements in respect of passive sales requiring the trader to act in violation of this Regulation should therefore be automatically void. However, this Regulation, and in particular its provisions on access to goods or services, should not affect agreements restricting active sales within the meaning of Regulation (EU) No 330/2010. _________________ 29 Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (OJ L 102, 23.4.2010, p. 1).
Amendment 121 #
2016/0152(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Member States should designate one or more bodies responsible forresponsible bodies with necessary powers to takinge effective action to monitor and to secensure compliance with the provision of this Regulation. Member States should also ensure that effective, proportionate and dissuasive penalties can be imposed on traders in the event of any breach of this Regulation.
Amendment 124 #
2016/0152(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Discrimination can also occurs in relation to services in the field of transport, in particular with respect to the sales of tickets for the transport of passengers. However, in that regard, despite the fact that Regulation (EC) No 1008/2008 of the European Parliament and of the Council18 , Regulation (EU) No 1177/2010 of the European Parliament and of the Council19 and Regulation (EU) No 181/2011 of the European Parliament and of the Council20 already contain broad prohibitions of discriminations covering all discriminatory practices that the present Regulation seeks to address. Furthermore, it is intended that Regulation (EC) No 1371/2007 of the European Parliament and of the Council21 will be amended to that effect in near future. Therefore, and in order to ensure consistency with the scope of application of Directive 2006/123/EC, services in the field of transport should remain outside the scope of this Regulationservices in the field of transport should either after review of this Regulation be included in the scope of this Regulation or prohibition of discriminations covering all discriminatory practices should be effectively enforced through the specific Union legislation in that area. __________________ 18 Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3). 19 Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, p. 1). 20 Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1). 21 Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
Amendment 124 #
2016/0152(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Consumers should be in the position to receive assistance from responsible authoritbodies facilitating the resolution of conflicts with traders, arising from the application of this Regulation, including by way of a uniform complaint form.
Amendment 125 #
2016/0152(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This Regulation should also cover the sale of a bundle of services. However, a trader should be under no obligation to sell the bundle of services if he or she does not have the legal right to provide a part of one or several services that are included in that bundle.
Amendment 127 #
2016/0152(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) PursuantThis Regulation should be without prejudice to Regulation (EC) No 593/2008 of the European Parliament and of the Council22 , the choice of law applicable to contracts between a consumer and a professional who pursues his or her commercial or professional activities in the. In cases where a trader actively directs or declares his or her activities to a country or to several countryies, where the consumer has his or her habitual residence or, by any means, directs such activities to that, the choice of law applicable to country or to several countries including that country,acts between a consumer and a trader may not have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law of the country where the consumer has his or her habitual residence. Pursuant to Regulation (EU) 1215/2012 of the European Parliament and of the Council23 , in matters related to a contract between a consumer and a professional who pursues commercial or professional activities in the Member State of the consumer's domicile or, by any means, directs such activities to that Member State or to several States including that Member State, a consumer may bring proceedings against the other party in the courts of the Member State where he is domiciled and proceedings may be brought against the consumer only in those courts. __________________ 22 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6). 23 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
Amendment 130 #
2016/0152(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation should be regularly evaluated, with a view to proposing amendments where necessary. The first evaluation should concentrate, in particular, on the possible extension of the prohibition of Article 4(1)(b) to electronically supplied services, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, provided that the trader has the requisite rights for the relevant territoriscope of this Regulation to other sectors such as audio-visual services, financial or electronic communication services, transport services or healthcare services.
Amendment 133 #
2016/0152(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should not affect acts ofbe without prejudice to Union law concerning judicial cooperation in civil matters, notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in Regulations (EC) No 593/2008 of the European Parliament and of the Council24 and (EU) 1215/2012 of the European Parliament and of the Council25 , including the application of those acts and provisions in individual cases. In particular, the mere fact that a trader provides access to his or her online interface for consumers from other Member States acts in accordance with the provisions of this Regulation should not be construed as implying that he directs his activities to the consumer's Member State for the purpose of such application. __________________ 24 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6). 25 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
Amendment 136 #
2016/0152(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) With a view to facilitating the effective enforcement of the rules laid down in this Regulation, the mechanisms to ensure cross-border cooperation among competent authorities provided for in Regulation (EC) No 2006/2004 of the European Parliament and of the Council30 should also be available in relation to those rules. However, as Regulation (EC) No 2006/2004 only applies with respect to laws that protect consumers' interests, those measures should be available only when the customer is a consumer. Regulation (EC) No 2006/2004 should therefore be amended accordingly. _________________ 30 Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation) (OJ L 364, 9.12.2004, p. 1).
Amendment 139 #
2016/0152(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 141 #
2016/0152(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The discriminatory practices that this Regulation seeks to address typically take place through general terms, conditions and other information set and applied by or on behalf of the trader concerned, as a precondition for obtaining access to the goods or services in question, and that are made available to the public at large. Such general conditions of access include inter alia prices, payment conditions and delivery conditions. They can be made available to the public at large by or on behalf of the trader through various means, such as information published in advertisements, on websites or pre-contractual or contractual documentation. Such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the custoonsumer. Terms and conditions that are individually negotiated between the trader and the custoonsumers should not be considered general conditions of access for the purposes of this Regulation.
Amendment 141 #
2016/0152(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to achieve the objective of effectively addressing direct and indirect discrimination based on the nationality, or place of residence or place of establishment of custof consumers, it is appropriate to adopt a Regulation, which directly applies in all Member States. This is necessary in order to guarantee the uniform application of the non- discrimination rules across the Union and their entering into force at the same time. Only a Regulation ensures the degree of clarity, uniformity and legal certainty which is necessary in order to enable custoonsumers to fully benefit from those rules.
Amendment 143 #
2016/0152(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Since the objective of this Regulation, namely the prevention of direct and indirect discrimination based on nationality, or place of residence or place of establishment of custof consumers, including geo- blocking, in commercial transactions with traders within the Union, cannot be sufficiently achieved by Member States, due to the cross-border nature of the problem and the insufficient clarity of the existing legal framework, but can rather, by reason of its scale and potential effect on trade in the internal market be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 146 #
2016/0152(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 149 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Regulation seekis to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by preventing discrimination based, directly or indirectly, on the nationality, or place of residence or place of establishment of custof consumers.
Amendment 154 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) where the trader sells goods, provides services, or seeks to do so, in a Member State other than the Member State in which the custoonsumer has the place of residence or the place of establishment;
Amendment 155 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) where the trader sells goods, provides services, or seeks to do so, in the same Member State as the one in which the custoonsumer has the place of residence or place of establishment, but the custoonsumer is a national of another Member State;
Amendment 156 #
2016/0152(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The effects for custoonsumers and on the internal market of discriminatory treatment in connection to commercial transactions relating to the sales of goods or the provision of services within the Union are the same, regardless of whether a trader is established in a Member State or in a third country. Therefore, and with a view to ensuring that competing traders are subject to the same requirements in this regard, the measures set out in this Regulation should apply equally to all traders operating within the Union.
Amendment 156 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) where the trader sells goods or provides services, or seeks to do so, in a Member State in which the custoonsumer is temporarily located without residing in that Member State or having the place of establishment in that Member State.
Amendment 157 #
2016/0152(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to increase the possibility for custoonsumers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency, including with respect to prices, traders should not, through the use of technological measures or otherwise, prevent custoonsumers from having full and equal access to online interfaces on the basis of their nationality, or place of residence or place of establishment. Such technological measure. Access to online interfaces in the form of a mobile application should not be blocked in any possible way to consumers if they prefer to access their chosen online interface through such means and a trader offers such an option in a Member State. Technological measures that prevent such access can encompass, in particular, any technologies used to determine the physical location of the custoonsumer, including the tracking of that by means of IP address, coordinates obtained through a global navigation satellite system or data related to a payment transaction. However, that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with custoonsumers.
Amendment 163 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Regulation shall not affectbe without prejudice to acts of Union law concerning judicial cooperation in civil matters. Compliance with this Regulation shall not be construed as implying that a trader directs his or her activities to the Member State where the consumer has the habitual residence or domicile within the meaning of point (b) of Article 6(1) of Regulation (EC) No 593/2008 and point (c) of Article 17(1) of Regulation (EU) 1215/2012. When a trader is acting in accordance with Articles 3, 4 and 5 of this Regulation, it shall not be considered on these grounds alone that he or she is actively directing his or her activities to another Member State where the consumer has a place of residence.
Amendment 166 #
2016/0152(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Certain traders operate different versions of their online interfaces, targeting custoonsumers from different Member States. While this should remain possible, redirecting a custoonsumer from one version of the online interface to another version without his or her explicit consent should be prohibited. All versions of the online interface should remain easily accessible to the custoonsumer at all times.
Amendment 166 #
2016/0152(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
Amendment 167 #
2016/0152(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) 'general conditions of access' means all terms, conditions and other information, including sale prices, regulating the access of custoonsumers to goods or services offered for sale by a trader, which are set, applied and made available to the public at large by or on behalf of the trader and which apply in the absence of an individually negotiated agreement between the trader and the custoonsumer;
Amendment 168 #
2016/0152(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) 'goods' means any tangible movable item, with the exception of items sold by way of execution or otherwise by authority of law; water, gas and electricity shall be considered as goods within the meaning of this Regulation where they are put up for sale in a limited volume or a set quantity;.
Amendment 170 #
2016/0152(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In certain cases, blocking, limiting of access or redirection without the custoonsumer's consent to an alternative version of an online interface for reasons related to the custoonsumer's nationality, or place or residence or place of establishment might becould be justified only if it is necessary in order to ensure compliance with a legal requirement in Union law or in the laws of a Member States in accordance with Union law. Such laws canmight limit custoonsumers' access to certain goods or services, for instance by prohibiting the display of specific content in certain Member States. Traders should not be prevented from complying with such requirements and thus should be able to block, limit the access or redirect certain custoonsumers or custoonsumers in certain territories to an online interface, insofar as that ismay be necessary for that reason. In this regard, a consumer should be notified on an online interface about the purpose of blocking, limiting or redirection to an alternative version of an online interface.
Amendment 170 #
2016/0152(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) 'online interface' means any software, including a website and applications, operated by or on behalf of a trader, which serves to give custoonsumers access to the trader's goods or services with a view to engaging in a commercial transaction with respect to those goods or services;
Amendment 174 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Traders shall not, through the use of technological measures or otherwise, block or limit custoonsumers' access to their online interface for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer.
Amendment 175 #
2016/0152(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In a number of specific situations, any differences in the treatment of custoonsumers through the application of general conditions of access, including outright refusals to sell goods, accept certain financial transactions that are officially stated by a trader or to provide services, for reasons related to the custoonsumers' nationality, or place of residence or place of establishment cannot be objectively justified. In those situations, all such discrimination should be prohibited and custoonsumers should consequently be entitled, under the specific conditions laid down in this Regulation, to engage in commercial transactions under the same conditions as a local custoonsumer and have full and equal access to any of the different goods or services offered irrespective of their nationality, or place of residence or place of establishment. Where necessary, traders should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the custoonsumers concerned would be precluded from having such full and equal access. However, the prohibition applicable in those situations should not be understood as precluding traders from directing their activities at different Member States or certain groups of customers with targeted offers and differing terms and conditions, including through the setting-up of country-specific online interfaces.
Amendment 177 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Traders shall not, for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer, redirect custoonsumers to a version of their online interface that is different from the online interface which the custoonsumer originally sought to access, by virtue of its layout, use of language or other characteristics that make it specific to custoonsumers with a particular nationality, or place of residence or place establishment, unless the customer gives his or her explicit consent prior to such redirection.
Amendment 178 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
In the event of such redirection with the custoonsumer's explicit consent, the original version of the online interface which the consumer initially sought to access, shall remain easily accessible for that custoonsumer.
Amendment 181 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking, limitation of access or redirection with respect to certain custoonsumers or to custoonsumers in certain territories is necessary in order to ensure compliance with a legal requirement in Union law or in the laws of Member States in accordance with Union law.
Amendment 182 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where a trader blocks or limits access of custoonsumers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 43, the trader shall provide a clear justification and explanation to the consumer. That justification shall be given in the language of the online interface that the customer originally sought to access.
Amendment 183 #
2016/0152(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The first of those situations is where the trader sells goods and there is no cross-border delivery of those goods by or on behalf of the trader to the Member State where the custoonsumer resides. In that situation the custoonsumer should be able to purchase goods, under exactly the same conditions, including price and conditions relating to the delivery of the goods, as similar custoonsumers who are residents of the Member State of the trader. That may mean that a foreign custoonsumer will have to pick up the good in that Member State, or in a different Member State to which the trader delivers. In this situation, the trader has no obligation to cover any additional costs of the cross-border delivery. Furthermore, there is no need to register for value added tax ("VAT") in the Member State of the custoonsumer, nor arrange for the cross-border delivery of goods.
Amendment 184 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Traders shall not apply different general conditions of access to their goods or services, for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer, in the following situationswhere:
Amendment 187 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) where the trader sells goods and those goods are not delivered cross-border to the Member State of the custoonsumer by the trader or on his or her behalf, but are collected at a location agreed between the trader and the consumer in which the trader operates;
Amendment 191 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) where the trader provides electronically supplied services, other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter;
Amendment 193 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) where the trader provides services, other than those covered by point (b), and those services are supplied to the custoonsumer in the premises of the trader or in a physical location where the trader operates, in a Member State other than that of which the custoonsumer is a national or in which the custoonsumer has the place of residence or the place of establishment.
Amendment 194 #
2016/0152(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Finally, in the situation where the trader provides services and those services are received by the custoonsumer in the premises of or at a location chosen by the trader and different from the Member State of which the custoonsumer is a national or in which the custoonsumer has his or her place of residence or place of establishment, the application of different general conditions of access for reasons related to such criteria should not be justified either. Those situations concern, as the case may be, the provision of services such as hotel accommodation, sport events, car rental, and entry tickets to music festivals or leisure parks. In those situations, the trader does not have to register for VAT in another Member State nor arrange for cross-border delivery of goods.
Amendment 194 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(c a) the consumer seeks to receive electronically supplied services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter in respect of which the trader has the requisite rights for the territory from which the consumer seeks to receive such services;
Amendment 200 #
2016/0152(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In all those situations, by virtue of the provisions on the law applicable to contractual obligations and on jurisdiction set out in Regulations (EC) No 593/2008 and (EU) 1215/2012, where a trader does not pursue his activities in the Member State of the consumer or does not direct his activities there, or where the customer is not a consumer, compliance with this Regulation does not imply any additional costs for the trader associated with jurisdiction or differences in applicable law. Where, in contrast, a trader does pursue his activities in the consumer's Member State or does direct his activities there, the trader has manifested its intention to establish commercial relations with consumers from that Member State and thus been able to take account of any such costs.
Amendment 200 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
The prohibition set out in paragraph 1 shall not apply in so far as a specific provision laid down in Union law or in the laws of Member States in accordance with Union law by preventsing the trader from selling the goods or providing the services to certain custoonsumers or to custoonsumers in certain territories.
Amendment 201 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
Amendment 205 #
2016/0152(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Traders falling under the special scheme provided in Chapter 1 of Title XII of Council Directive 2006/112/EC27 are not required to pay VAT. For those traders, when providing electronically supplied services, the prohibition of applying different general conditions of access for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer would imply a requirement to register in order to account for VAT of other Member States and might entail additional costs, which would be a disproportionate burden, considering the size and characteristics of the traders concerned. Therefore, those traders should be exempted from that prohibition for such time as such a scheme is applicable. __________________ 27 Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1–118)
Amendment 210 #
2016/0152(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Traders shall not, for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer, the location of the payment account, the place of establishment of the payment service provider or the place of issue of the payment instrument within the Union, apply different conditions of payment for any sales of goods or provision of services, where:
Amendment 212 #
2016/0152(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In all those situations, traders may in some cases be prevented from selling goods or providing services to certain customers or to custoonsumers in certain territories, for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer, as a consequence of a specific prohibition or a requirement laid down in Union law or in the laws of Member States in accordance with Union law. Laws of Member States may also require, in accordance with Union law, traders to respect certain rules on the pricing of books. Traders should not be prevented from complying with such laws in as far as necessary.
Amendment 213 #
2016/0152(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shall designate a body or bodies responsible for the enforcement of this Regulation. Member States shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance withbodies for the effective enforcement of this Regulation.
Amendment 214 #
2016/0152(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Under Union law, traders are in principle free to decide which means of payment they wish to accept, including payment brands. However, once this choice . In accordance with the rules of Regulation (EU) 2015/751 and Directive (EU) 2015/2366, retailers accepting a card- based payment instrument of a specific brand and category are not under an obligation to accept card-based payment instruments of the same category but of a different brand. Likewise retailers accepting a debit card of a given brand are under no obligation to accept credit card of thast been made, in view of the existing legal framrand, or when accepting consumer credit cards of a given brand also to accept commercial credit card of the same brand. Equally, a trader accepting credit transfers or direct debits is under no obligation to accept the payment, if this requires entering into a new ork for payment services modified contract with a payment service provider. However, once this choice has been made, there are no reasons for traders to discriminate custoonsumers within the Union by refusing certain commercial transactions, or by otherwise applying certain different conditions of payment in respect of those transactions, for reasons related to the nationality, or place of residence or place of establishment of the customer. In this particular context, such unjustified unequal treatment for reasons related to the location of the payment account, the place of establishment of the payment service provider or the place of issue of the payment instrument within the Union should be expressly prohibited as well. It should be further recalled that Regulation (EU) No 260/2012 already prohibits all payees, including traders, from requiring bank accounts to be located in a certain Member State for a payment in euro to be accepted. The trader should remain free to request charges for the use of a payment instrument. However, this right is subject to the restrictions introduced by Article 62(5) of Directive (EU) 2015/2366.
Amendment 216 #
2016/0152(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall lay down the rules on the penaltiesanctions applicable for infringements of the provisions of this Regulation and shall take all measures necessary measures to ensure that they are implemented. The penaltiesanctions provided for shall be effective, proportionate and dissuasive.
Amendment 220 #
2016/0152(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Each Member State shall confedesignate a body or responsibilityle bodies for providing practical assistance to consumers to a body or bodies in cases of a dispute between a consumer and a trader arising from the application of this Regulation. Each Member State shall designate a body or bodies responsible for that task.
Amendment 222 #
2016/0152(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Directive 2015/2366/EU of the European Parliament and of the Council28 introduced strict security requirements for the initiation and processing of electronic payments, which reduced the risk of fraud for all new and more traditional means of payment, especially online payments. Payment service providers are obliged to apply so-called strong custoonsumer authentication, an authentication process that validates the identity of the user of a payment service or of the payment transaction. For remote transactions, such as online payments, the security requirements go even further, requiring a dynamic link to the amount of the transaction and the account of the payee, to further protect the user by minimising the risks in case of mistakes or fraudulent attacks. As a result of these provisions, the risk of payment fraud in national and cross- border purchases is brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the Union. __________________ 28 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35– 127).
Amendment 224 #
2016/0152(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) This Regulation should not affect the application of the rules on competition, and in particular Articles 101 and 102 TFEU. Agreements imposing on traders obligations not to engage in passive sales within the meaning of Commission Regulation (EU) No 330/201029 to certain custoonsumers or to custoonsumers in certain territories are generally considered restrictive of competition and cannot normally be exempted from the prohibition laid down in Article 101(1) TFEU. Even when they are not caught by Article 101 TFEU, in the context of the application of this Regulation, they disrupt the proper functioning of the internal market and they may be used to circumvent the provisions of this Regulation. The relevant provisions of such agreements and of other agreements in respect of passive sales requiring the trader to act in violation of this Regulation should therefore be automatically void. However, this Regulation, and in particular its provisions on access to goods or services, should not affect agreements restricting active sales within the meaning of Regulation (EU) No 330/2010. __________________ 29 Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (OJ L 102, 23.4.2010, p. 1).
Amendment 227 #
2016/0152(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Member States should designate one or more bodies responsible forresponsible bodies with necessary powers to takinge effective action to monitor and to secensure compliance with the provision of this Regulation. Member States should also ensure that effective, proportionate and dissuasive penalties can be imposed on traders in the event of any breach of this Regulation.
Amendment 228 #
2016/0152(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Consumers should be in the position to receive assistance from responsible authoritbodies facilitating the resolution of conflicts with traders, arising from the application of this Regulation, including by way of a uniform complaint form.
Amendment 228 #
2016/0152(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The first evaluation referred to in paragraph 1 shall be carried out, in particular, with a view to assessing whether the prohibition of Article 4(1)(b) should also apply to electronically supplied services, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, provided that the trader has the requisite rights for the relevant territoriscope of this Regulation should be extended to cover additional sectors such as audio-visual, financial, transport, electronic communication and healthcare services.
Amendment 231 #
2016/0152(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation should be regularly evaluated, with a view to proposing amendments where necessary. The first evaluation should concentrate, in particular, on the possible extension of the prohibition of Article 4(1)(b) to electronically supplied services, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, provided that the trader has the requisite rights for the relevant territoriscope of this Regulation to other sectors such as audio-visual services, financial or electronic communication services, transport services or healthcare services.
Amendment 238 #
2016/0152(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) With a view to facilitating the effective enforcement of the rules laid down in this Regulation, the mechanisms to ensure cross-border cooperation among competent authorities provided for in Regulation (EC) No 2006/2004 of the European Parliament and of the Council30 should also be available in relation to those rules. However, as Regulation (EC) No 2006/2004 only applies with respect to laws that protect consumers' interests, those measures should be available only when the customer is a consumer. Regulation (EC) No 2006/2004 should therefore be amended accordingly. __________________ 30 Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation) (OJ L 364, 9.12.2004, p. 1).
Amendment 239 #
2016/0152(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 242 #
2016/0152(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to achieve the objective of effectively addressing direct and indirect discrimination based on the nationality, or place of residence or place of establishment of custof consumers, it is appropriate to adopt a Regulation, which directly applies in all Member States. This is necessary in order to guarantee the uniform application of the non- discrimination rules across the Union and their entering into force at the same time. Only a Regulation ensures the degree of clarity, uniformity and legal certainty which is necessary in order to enable custoonsumers to fully benefit from those rules.
Amendment 246 #
2016/0152(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Since the objective of this Regulation, namely the prevention of direct and indirect discrimination based on nationality, or place of residence or place of establishment of custof consumers, including geo- blocking, in commercial transactions with traders within the Union, cannot be sufficiently achieved by Member States, due to the cross-border nature of the problem and the insufficient clarity of the existing legal framework, but can rather, by reason of its scale and potential effect on trade in the internal market be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 255 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Regulation seekis to contribute to the proper functioning of the internal market and to achieve a high level of consumer's protection by preventing discrimination based, directly or indirectly, on the nationality, or place of residence or place of establishment of custof consumers.
Amendment 264 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) where the trader sells goods, provides services, or seeks to do so, in a Member State other than the Member State in which the custoonsumer has the place of residence or the place of establishment;
Amendment 269 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) where the trader sells goods, provides services, or seeks to do so, in the same Member State as the one in which the custoonsumer has the place of residence or place of establishment, but the custoonsumer is a national of another Member State;
Amendment 273 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) where the trader sells goods or provides services, or seeks to do so, in a Member State in which the custoonsumer is temporarily located without residing in that Member State or having the place of establishment in that Member State.
Amendment 288 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Regulation shall not affectbe without prejudice to acts of Union law concerning judicial cooperation in civil matters. Compliance with this Regulation shall not be construed as implying that a trader directs his or her activities to the Member State where the consumer has the habitual residence or domicile within the meaning of point (b) of Article 6(1) of Regulation (EC) No 593/2008 and point (c) of Article 17(1) of Regulation (EU) 1215/2012. When a trader is acting in accordance with Articles 3, 4 and 5 of this Regulation, it shall not be considered on these grounds alone that he or she is actively directing his or her activities to another Member State where the consumer has a place of residence.
Amendment 301 #
2016/0152(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
Amendment 305 #
2016/0152(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) 'general conditions of access' means all terms, conditions and other information, including sale prices, regulating the access of custoonsumers to goods or services offered for sale by a trader, which are set, applied and made available to the public at large by or on behalf of the trader and which apply in the absence of an individually negotiated agreement between the trader and the custoonsumer;
Amendment 308 #
2016/0152(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) 'goods' means any tangible movable item, with the exception of items sold by way of execution or otherwise by authority of law; water, gas and electricity shall be considered as goods within the meaning of this Regulation where they are put up for sale in a limited volume or a set quantity;
Amendment 310 #
2016/0152(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) 'online interface' means any software, including a website and applications, operated by or on behalf of a trader, which serves to give custoonsumers access to the trader's goods or services with a view to engaging in a commercial transaction with respect to those goods or services;
Amendment 315 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Traders shall not, through the use of technological measures or otherwise, block or limit custoonsumers' access to their online interface for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer.
Amendment 320 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Traders shall not, for reasons related to the nationality, or place of residence or place of establishment of the custof the consumer, redirect custoonsumers to a version of their online interface that is different from the online interface which the customer originally sought to access, by virtue of its layout, use of language or other characteristics that make it specific to customers with a particular nationality, or place of residence or place establishment, unless the custoonsumer gives his or her explicit consent prior to such redirection.
Amendment 328 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
In the event of such redirection with the customer's explicit consent, the original version of the online interface shall remain easily accessible for that custoonsumer.
Amendment 333 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking, limitation of access or redirection with respect to certain custoonsumers or to custoonsumers in certain territories is necessary in order to ensure compliance with a legal requirement in Union law or in the laws of Member States in accordance with Union law.
Amendment 338 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where a trader blocks or limits access of custoonsumers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 43, the trader shall provide a clear justification and explanation to the consumer. That justification shall be given in the language of the online interface that the customer originally sought to access.
Amendment 346 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Traders shall not apply different general conditions of access to their goods or services, for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer, in the following situationswhere:
Amendment 355 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) where the trader sells goods and those goods are not delivered cross-border to the Member State of the custoonsumer by the trader or on his or her behalf, but are collected at location agreed between the trader and the consumer in which the trader operates;
Amendment 360 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) where the trader provides electronically supplied services, other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter;
Amendment 361 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) the consumer seeks to receive electronically supplied services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter in respect of which the trader has the requisite rights for the territory from which the consumer seeks to receive such services;
Amendment 368 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) where the trader provides services, other than those covered by point (b), and those services are supplied to the custoonsumer in the premises of the trader or in a physical location where the trader operates, in a Member State other than that of which the custoonsumer is a national or in which the custoonsumer has the place of residence or the place of establishment.
Amendment 377 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
The prohibition set out in paragraph 1 shall not apply in so far as a specific provision laid down in Union law or in the laws of Member States in accordance with Union law by preventsing the trader from selling the goods or providing the services to certain custoonsumers or to custoonsumers in certain territories.
Amendment 379 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
Amendment 386 #
2016/0152(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Traders shall not, for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer, the location of the payment account, the place of establishment of the payment service provider or the place of issue of the payment instrument within the Union, apply different conditions of payment for any sales of goods or provision of services, where:
Amendment 414 #
2016/0152(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shall designate a body or bodies responsible for the enforcement of this Regulation. Member States shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance withbodies for the effective enforcement of this Regulation.
Amendment 415 #
2016/0152(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall lay down the rules on the penaltiesanctions applicable for infringements of the provisions of this Regulation and shall take all measures necessary measures to ensure that they are implemented. The penaltiesanctions provided for shall be effective, proportionate and dissuasive.
Amendment 418 #
2016/0152(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Each Member State shall confedesignate a body or responsibilityle bodies for providing practical assistance to consumers to a body or bodies in cases of a dispute between a consumer and a trader arising from the application of this Regulation. Each Member State shall designate a body or bodies responsible for that task.
Amendment 428 #
2016/0152(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The first evaluation referred to in paragraph 1 shall be carried out, in particular, with a view to assessing whether the prohibition of Article 4(1)(b) should also apply to electronically supplied services, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, provided that the trader has the requisite rights for the relevant territoriscope of this Regulation should be extended to cover additional sectors such as audio-visual, financial, transport, electronic communication and healthcare services.
Amendment 19 #
2016/0070(COD)
Proposal for a directive
Citation 3 a (new)
Citation 3 a (new)
Having regard to the reasoned opinions issued by national parliaments from 11 Member States objecting the Commission proposal on the grounds of subsidiarity,
Amendment 25 #
2016/0070(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The Treaty on the Functioning of the European Union in Article 56 provides that restrictions on the freedom to provide services are prohibited.
Amendment 39 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherensure that the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers.
Amendment 61 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
(8) IEspecially in view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 24 months, the host Member State is deemed to be the country in which the work isclosely check and assess whether a posted worker temporarily carrieds out. In accordance with the principle of Rome I Regulation, the law of his or her work in the host Member States therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regul. Article 2 of this Directive defines the nature of posting as having a temporary character therefore temporary character is an indispensable feature of genuine posting. Article 4 paragraph 3 of the Enforcement Directive 2014/67/EU provides a clear list of elements of temporary nature of posting. In addition, the case law provides explanation of the notion of temporary nature of the provision of services, which is to be determined by its duration, regularity, periodicity and continuity. Therefore the temporary character, being the indispensable feature of posting, should be closely monitored and assessed, especially in the case of postings of long duration, in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulaorder to avoid abuse and circumvention.
Amendment 75 #
2016/0070(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Directive 2014/67/EU on the enforcement of Directive 96/71/EC provides a number of provisions to make sure that rules on posting of workers are enforced and are respected by all service providers. Article 4 of the enforcement directive provides a list of elements that should be assessed in order to identify the genuine posting and prevent abuse and circumvention.
Amendment 84 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suitTherefore transport services such as transit, international transport and linked cabotage are excluded forom these challenges to scope of this Directive and should be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
Amendment 104 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay in accordance with their law and practice. However, these national rules on remunerationminimum rates of pay applied to posted workers must be proportionate, non- discriminatory and justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services.
Amendment 110 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remunerationinformation on minimum rates of pay under national law or universally applicable collective agreements should be clear, up to date and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneris information on the single website provided for by Article 5 of the Enforcement Directive. In order to provide more transparency and clarity generally applicable collective agreements should be also accompanied by clear information on applicable minimum rates of pay. Social partners are also obliged to make public all collective agreements, which are applicable according to this Directive. Similarly, foreign subcontractors should be informed in writing about terms and conditions of employment that they should apply towards posted workers.
Amendment 124 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remunerationMember States have the freedom to establish on their territory appropriate measures applicable to local and foreign service providers in order to ensure compliance with the applicable rules concerning posting in case of subcontracting chains. In the case of the construction sector Member States are obliged, by the Directive 2014/67/EU, to introduce appropriate liability measures in order to ensure fair competition and workers rights. WThere such rules on remuneration exist at national level, thefore laws, regulations, administrative provisions or universally applicable collective agreements applicable in Member States may apply them in a non- discriminatory mannensure that subcontracting does not confer ton undertakings posting workers to the possibilitsy territory provided that they do not disproportionately restrict the cross-border proviso avoid rules guaranteeing certain terms and conditions of servicesemployment.
Amendment 137 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
(-1) in Article 1, paragraph 2 is replaced by the following: “2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel.” (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0071:en:HTML) as well as transport services such as transit, international transport and linked cabotage.” Or. en
Amendment 147 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a
Article 2 a
Amendment 149 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a
Article 2a
Amendment 177 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;minimum rates of pay
Amendment 208 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1a
Article 3 – paragraph 1a
Amendment 34 #
2015/2354(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, the single market makes a significant contribution to European economies and, according to Parliament’s own research, the anticipated gain from completing the single market stands at a trillion euros;
Amendment 35 #
2015/2354(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas fragmentation of the single market is one of the major impediments to higher structural economic growth;
Amendment 44 #
2015/2354(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the completion of the single market in the product and services and the removal of barriers is a top priority which requires fast-track approach from Member States and the EU institutions;
Amendment 49 #
2015/2354(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas barriers in the single market lead to less choice and more expensive products and services for consumers;
Amendment 56 #
2015/2354(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Supports the overall objectives of the Commission’s Single Market Strategy for goods and services, and welcomes its vision for howactions in key areas in order to unleash the full potential of the single market;
Amendment 63 #
2015/2354(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that the strategy is complementary toordinated with efforts made in other areas, especially in the Digital Single Market Strategy; believes that, by building on the initiatives already being taken, the strategy has good potential to help ensure economic prosperity and make Europe more attractive for investments;
Amendment 67 #
2015/2354(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that it is crucial for all Single Market Strategy initiatives to be based on better regulation principles and on most efficient tools such as harmonisation and mutual recognition;
Amendment 68 #
2015/2354(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines that proposals should be evidence-based and reduce regulatory and administrative burden on businesses, in particular, SMEs;
Amendment 83 #
2015/2354(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the strategy’s focus on aspects aimed at helping businesses, in particular SMEs, micro-enterprises and start-ups, to scale up their activities, grow and stay in the single market, thus facilitating their innovation and job creation; considerunderlines that all initiatives for SMEs and start-ups require immediate actions and should be treated as a priority;
Amendment 95 #
2015/2354(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that it is necessary to consider adoption of adopt a common definition of ‘innovative’ start- ups and SMEs, or objective criteria, that can be used as a point of reference for the adoption of related measures; calls on the Commission to propose such a definition;
Amendment 110 #
2015/2354(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. WHighlights the need for reduced compliance costs caused by VAT requirements; welcomes the Commission’s determination to address the difficulties faced by SMEs as a result of the complexity of differing national VAT regulations; extends its full support to the Commission in respect of the VAT reform; calls on the Commission to assess the feasibility of further coordination and, in particular, to assess the possibility of a single tax in the e-commerce sector;
Amendment 133 #
2015/2354(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to implement the Capital Markets Union and more particularly the framework for simple transparent standardised securitisation (STS), and swift adoption of the Prospectus Directive as fast as possible, as those measures will help SMEs to access finances;
Amendment 147 #
2015/2354(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the legislative initiative on business insolvency, including early restructuring and second chances, which will ensure that Member States provide a regulatory environment that is able to accommodate failure without discouraging entrepreneurs from trying new ideas; calls on the Commission to ensure that this initiative will align insolvency proceedings across the EU and reduce the length and costs of proceedings;
Amendment 154 #
2015/2354(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the Commission’s Digital Single Market Strategy, and in particular the announced Single Digital Gateway; calls on the Commission to explore all ways of making the best use of the Single Digital Gateway to help European start- ups to scale up across Europensure that the Single Digital Gateway is the single entry point for businesses to all single market related information, assistance, problem solving and to national and EU-wide procedures, needed to operate cross- border in the EU;
Amendment 166 #
2015/2354(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. EWelcomes new sharing economy business models and recognises their enormous potential for innovation; emphasises that the collaborative (or sharing) economy is growing fast and changing the way that many services and assets are provided and consumed; underlines, furthermore, the strong link between these new business models and the performance of the single market;
Amendment 177 #
2015/2354(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Commission’s announced initiative on the European agenda for the collaborative economy, and its intention to look at that economy in order to assess what needs to be done to accompany its growth and its major contribution to the economic system; calls on the Commission to ensure the best possible conditions for the collaborative economy to develop and thrive;
Amendment 202 #
2015/2354(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Draws attention to the important role of standards for innovation and progress in the single market; calls on the Commission to support and reinforce European standards and make the framework for standardization more efficient and fit for purpose, including by exploiting the opportunities offered by the ongoing negotiations for a Transatlantic Trade and Investment Partnership (TTIP);
Amendment 246 #
2015/2354(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. PCalls on the Commission to deepen its work on enforcements; points out that many measures have already been adopted but are not yet applied; points out, furthermore, that according to data provided by the Commission in mid-2015, around 1 090 infringement proceedings were pending in the area of the single market; calls on the Commission, therefore, to ensure that enforcement is prioritised at all levels; believes that with regard to national measures or implementation early intervention may be more effective and better results achieved than through infringements procedures; stresses, nevertheless, that if the early intervention proceeding do not give results, the Commission must use all available measures, including infringement procedures, to ensure full implementation of legislation on the single market;
Amendment 255 #
2015/2354(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to further support the Member States in developing a strong culture of compliance and enforcement, including by developing implementation plans for new major legislation and organising compliance dialogues with Member States; calls on Member States to fully commit to implement and enforce EU legislation and apply mutual recognition principle; stresses that correct enforcement and better regulation are essential and should cover all business sectors and apply to existing and future legislation;
Amendment 258 #
2015/2354(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Recalls the importance of strengthening and streamlining existing single market tools for SMEs in order to simplify their cross-border expansion; urges the Commission and Member States to place greater emphasis on streamlining and improving Product Contact Points and Single Points of Contacts;
Amendment 268 #
2015/2354(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Emphasises that it is necessary to reinforce the Solvit network and to improve awareness of the network and its role in solving interpretation problems relating to the single market; calls on Member States to appropriately equip and adequately position their national SOLVIT centres in order for them to fulfil their role;
Amendment 280 #
2015/2354(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes note of the Commission proposal, as part of strengthening the single market for goods, to improve mutual recognition through action to increase awareness as well as ensuring better application and enforcement of the mutual recognition principle and through the revision of the Mutual Recognition Regulation;
Amendment 283 #
2015/2354(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reiterates its call for the rapid adoptionHighlights the need for a new of the Product Safety and Market Surveillance Package by the Council; underlines the importance of the indication of country of origin, which is crucial to protect consumers and to strengthen the fight against counterfeitinglegislation at the European level;
Amendment 300 #
2015/2354(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that regulatory differences between Member States regarding differing labelling requirements create unnecessary obstacles to the activities of suppliers of goods; calls on the Commission to consider introducing a mandatory scheme for the provision of key information for furniture, established at EU levelreview all labelling requirements, present a plan to reduce the number of EU and national labelling requirements, create a framework to assess which ones are essential to consume the product; highlights that all other information could be provided by digital means and not necessarily on the product; stresses that new requirements create additional costs for businesses, lead to confusion among consumers and diverging national requirements fragment the single market; considers that such an initiative would be beneficial for consumers, industries and trade operators, ensuring transparency, adequate recognition of European products and harmonised rules for operators in the single market;
Amendment 330 #
2015/2354(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. SEmphasises the need to ensure consistent proportionality assessment of regulatory requirements and restrictions applicable to services; supports the Commission proposal to introduce a services passport to help service providers demonstrate that they satisfy the requirements applicable to them in the Member State where they wish to provide their service on a temporary basis; considers that this initiative should be aimed at reducing administrative burden for service providers and simplifying the procedures applicable to cross-border service provision;
Amendment 340 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Underlines the need for a fully electronic public procurement system; highlights the need for fast and comprehensive implementation of the Public Procurement Directive in its whole; highlights the wider use of the e- procurement to open the markets for SMEs;
Amendment 28 #
2015/2346(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the monitoring of barriers and costs is piecemeal and unsystematic, quantification and clear identification of barriers and costs is lacking, which makes prioritisation of policy actions difficult;
Amendment 29 #
2015/2346(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas businesses and individuals are facing major obstacles in cross border activities within the single market due to lack of availability and quality of information, assistance services and online procedures, leading to high administrative burden and significant compliance costs;
Amendment 31 #
2015/2346(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Realises that despite the removal of tariff barriers since 1 July 1968, the free movement of goods and services has continued to be hampered by non-tariff barriers (NTBs) such as national technical rules and requirements governing products and service providers; highlights that strengthening of the single market requires urgent actions at Union and Member States levels to address such NTBs;
Amendment 44 #
2015/2346(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reiterates that the Digital Single Market Strategy and Single Market Strategy for Europe compose initiatives that should be implemented swiftly and ambitiously in order to reduce single market NTBs; highlights that it is crucial for these initiatives to be based on better regulation principles and on the most efficient tools, such as harmonisation and mutual recognition;
Amendment 49 #
2015/2346(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that where such NTBs can be justified as proportionate, information on differing national regulatory requirements should be easily accessible; considers that the present system built around a diverse range of contact points, including Product Contact Points and Single Points of Contact, is deeply unsatisfactory; recalls the importance of strengthening and streamlining existing single market tools for SMEs in order to simplify their cross- border expansion; urges the Commission and the Member States to place greater emphasis on streamlining and improving these systems, in particular the need for rapid improvement of the Points of Single Contact and calls the Commission to report to the European Parliament on the progress and next steps by the end of 2016; highlights that understanding that by being more open and accessible as regards regulatory requirements their Member State becomes more attractive for inward investment;
Amendment 52 #
2015/2346(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the Single Digital Gateway initiative and urges the Commission to create a single entry point for businesses and consumers to all single market related information, assistance, problem solving and to national and EU-wide procedures needed to operate cross-border in the EU;
Amendment 55 #
2015/2346(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that for many companies, in particular SMEs, seeking to trade in another Member State, such an expansion will still from their perspective constitute ‘international trade’; highlights that SMEs, start-ups and innovative businesses, in particular sharing economy businesses, should be fully enabled to grow through cross-border trade;
Amendment 57 #
2015/2346(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that the elimination of NTBs does not entail the limitation of workers' rights, where these are not discriminatory, disproportionate or fail to be founded upon a legitimate public policy objective;
Amendment 62 #
2015/2346(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the objective of the Union should be the eventualCalls for abolition of NTBs where they cannot be justified;
Amendment 68 #
2015/2346(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights that compliance costs with VAT requirements is one of the biggest non-tariff barriers; calls for practical VAT simplification proposals;
Amendment 71 #
2015/2346(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. BelieveHighlights that differences in the speed of transposition and the exact implementation at national level of existing directives create legal uncertainty for businesses;
Amendment 72 #
2015/2346(INI)
8. Considers that where the Commission has repealed unnecessary EU legislation, Member States should act swiftly to repeal corresponding domestic provisionsUrges Member States to swiftly repeal outdated domestic provisions where the Commission has repealed unnecessary EU legislation;
Amendment 88 #
2015/2346(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. BelieveHighlights that inconsistent enforcement of existing correctly transposed rules causes the same harm as slow transposition; considers that compliance and enforcement are made more challenging when commonly used definitions are given different meanings in different pieces of legislation; calls for better regulation principles to be respected in the legislation drafting process;
Amendment 93 #
2015/2346(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that unequal application of the same rules in different Member States has the potential to create new NTBs; considers that transposition workshops should be held in orderalls on the Commission to take every effort to minimisze divergences at anthe earlyiest stage;
Amendment 100 #
2015/2346(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes the persistence of national-level differences in product market regulation with which businesses operating across borders still have to contend both in terms of level of restriction and differences between Member States; considers that this unnecessarily forces businesses to adapt their products and services to comply with multiple standards or repeated testing, thus limiting intra-EU trade, reducing growth and hampering job creation;
Amendment 108 #
2015/2346(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Draws attention to the low levels of cross-border public procurement, with less than 20only 3,5 % of all public procurement in the Union publicised on pan-European platforms being awarded to companies from other Member States; underlines the need for fully electronic public procurement system; highlights the need for fast and comprehensive implementation of the Public Procurement Directive in its whole; calls for wider use of e-procurement to open the markets for SMEs;
Amendment 113 #
2015/2346(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that many national administrative practices also give rise to NTBs, including requirements for formalising of documents by national bodies or offices; considers thaturges Members States should concentrate on e-governance as a way to reduce barriers, building on examples such as those in Estonia and Denmark, where a transition to digital services has simplified administration for businesses and citizeto use e-governance solutions and modernise their public administrations, building on examples such as those in Estonia and Denmark, by providing more and better accessible, digital services for citizens and businesses, and to facilitate cross border cooperation and interoperability of public administrations;
Amendment 129 #
2015/2346(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights that many businesses are not aware of mutual recognition and believe that they have to comply with national requirements in the Member State of destination when trading in the single market; calls for Member States to ensure that mutual recognition principle is applied by their competent authorities;
Amendment 139 #
2015/2346(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Draws attention to the problems for service providers, especially in business services, the transport sector and construction, stemming from multiple and diverse authorisations, registration or prior notification requirements;
Amendment 144 #
2015/2346(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Draws attention also to the restrictions in Member States as regards the legal form of service providers and their shareholding or management structure, and as regards restrictions on the joint exercise of the profession; considerstresses that these restrictions are serious obstacles to cross-border service provision; emphasizes the need to ensure consistent proportionality assessment of regulatory requirements and restrictions applicable to services;
Amendment 150 #
2015/2346(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Emphasises that the notification obligation contained in the Services Directive could have been effective in reducing or eliminating NTBs, but has been neglected by Member States and the Commission; welcomes, therefore, the renewed focus on the notification procedure in the Single Market Strategy, as through early engagement as regards proposed regulatory measures, disproportionate national measures can be revised to resolve issues before they occur; welcomes the introduction of a services passport; highlights that it should not lead to additional administrative burdens, but tackle non-tariff barriers and advance mutual recognition;
Amendment 179 #
2015/2346(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to address theset out reform priorities of Member Statesand address them accordingly in the area of professional services in the context of the European Semester and country-specific recommendations on deregulating certain professions in the Member States;
Amendment 202 #
2015/2346(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission to deepen its work on enforcement and the principles which underpin the single market; believes that early intervention with regard to national measures or implementation procedures which constitute NTBs may be effective and results more readily achieved than through infringement proceedings; underlines, nevertheless, that for serious or persistent failures or misapplication of Union law, particularly in areas of single market and economic interest, the Commission may prioritise infringement actionust use all available measures, including infringement procedures, to ensure full implementation of legislation on the Single Market and to ensure structural reforms in Member States;
Amendment 206 #
2015/2346(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Stresses that accessible, affordable, efficient and high-quality parcel delivery is an essential prerequisite for a thriving cross-border e-commerce for the benefit of SMEs and consumers in particular;
Amendment 78 #
2015/2320(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses however that lowering labour costs by reducing workers’ protection is not a correct means of achieving lower unemployment, and that, in addition, reducing workers’ rights induces higher skills outflows, exposing SMEs to shortages of skilled workersand the flexibility of legislation on labour relations are a correct means of achieving lower unemployment;
Amendment 92 #
2015/2320(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned with the growing phenomenon of bogus self-employment across the EU, which cannot be considered in positive terms as contributing to the ‘growing number of micro-enterprises’, but, rather, undermines the image of entrepreneurshipTakes the view that increasing self-employment across the EU is a means to tackle unemployment problems;
Amendment 139 #
2015/2320(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the view that the artificial requirement to have a university degree set for certain professions is counterproductive in dealing with the shortage of skills experienced by SMEs; Takes the viewBelieves that vocational training and, in, particular,ly in the context of the internal Digital Single Market, and dual vocational training systems managed in cooperation with SMEs should receive greater public support;
Amendment 42 #
2015/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises the importance of advancing the SM to achieve structural economic growth in order to attract investment; Urges the Commission for systematic monitoring of implementation and enforcement of the Single Market rules through the CSRs, in particular where those rules provide a significant contribution to the structural reforms;
Amendment 57 #
2015/2256(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates a call for inclusion of the Single Market pillar in the European Semester, with a system for regular monitoring and evaluation of SM integration and competitiveness focused on a set of priorities where action would generate the most impact in growth and jobs; considers that the system should comprise a robust information database, a set of quantitative and qualitative indicators aims at measuring inter alia the economic effects of application of the Single Marker rules, benchmarking, peer review and exchange of best practices;
Amendment 96 #
2015/2256(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the proposal by the Commission to launch a legislative initiative introducing a services passport as a helpful tool to reduce barriers faced by service providersand administrative burden going cross-border;
Amendment 107 #
2015/2256(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the need for fast and comprehensive implementation of the Public Procurement Directive in its whole; highlights the potential of eProcurement to tackle remaining inefficiencies by simplifying the whole value-chain of public procurement and making cross-border business opportunities much easier to find; calls on the Commission to develop incentives to encourage SME participation in public procurement;
Amendment 118 #
2015/2256(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights that national regulations and practices, coupled with inadequate implementation of the mutual recognition principle, continue to create unnecessary barriers and burdens for businesses; calls on the Commission and the Member States to ensure proper application and for better enforcement of the principle and cost-efficient instruments for dispute settlement;
Amendment 120 #
2015/2256(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Invites the Commission to consult stakeholders in order to identify sectors and markets where the application of mutual recognition principle is insufficient or problematic;
Amendment 134 #
2015/2256(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Urges Member States to properly and timely implement and enforce the rules of the Single Market; highlights the importance of implementation of CSRs - including reforms of national products and services markets - to unlock Member States' growth potential;
Amendment 135 #
2015/2256(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Believes that Member States have to step up their efforts to modernise their public administrations by providing more, and better accessible, digital services for citizens and businesses, and to facilitate cross border cooperation and interoperability of public administrations;
Amendment 143 #
2015/2256(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes new business models emerging under the collaborative economy, creating a clear opportunity for growth, jobs and a wider choice for consumers and entrepreneurs; Highlights the importance of ensuring the best possible conditions for the collaborative economy to develop and thrive;
Amendment 151 #
2015/2256(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses that accessible, affordable, efficient and high-quality parcel delivery is an essential prerequisite for a thriving cross-border e-commerce for the benefit of SMEs and consumers in particular
Amendment 162 #
2015/2256(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to take a strategic approach to enforcement and use all available evidence and instruments at its disposal, including rigorous notification of Member State legislation (ex-ante and ex- post), the ‘single market test’, proportionality, in particular in the area of regulated professions, benchmarking, best practices, peer pressure, alternative arbitration systems, existing Court of Justice of the European Union rulings and infringement procedures;
Amendment 164 #
2015/2256(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Calls upon the Commission to use all available measures, including infringement procedures, when necessary, to ensure full implementation of legislation on the single market of goods, services and in the digital sphere and to ensure structural reforms in product, services and labour markets in Member States;
Amendment 171 #
2015/2256(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Remains concerned about the length of infringement procedures and the number of outstanding cases; suggests that the Commission prioritises and focuses infringement action on areas with the most dissuasive impact; recognises the need for a fast-track extra-judicial arbitration procedure as a fast, alternative remedy instrument;
Amendment 174 #
2015/2256(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Notes the benefits of SOLVIT; requests that SOLVIT be strengthened and better connected to Commission services, and well integrated with existing projects and databases such as CHAP and EU Pilot in order to create information synergies and share best practices; requests that the Commission follow up consistently on unresolved cases; Urges the Commission and the Member States to ensure the necessary support and expertise for SOLVIT to deal efficiently with the cases received;
Amendment 178 #
2015/2256(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Urges national market surveillance authorities to cooperate more closely and to exchange information and best practices to effectively tackle the high number of illegal and non-compliant products incurring high costs for complying businesses; calls for the immediate adoption of the Product Safety and Market Surveillance Package by the Council of the European Union; believes that the Commission has to take responsibility for not doing enough to in this area;
Amendment 180 #
2015/2256(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Welcomes the Commission initiative to create a Single Digital Gateway as an accessible umbrella portal that will streamline and simplify access to information and promote existing dedicated users’ platforms; stresses the role of national and regional governments in promoting such platforms, making them accessible and educating their users; calls the Commission further strengthen and streamline online Single Market tools;
Amendment 2 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point -i a (new)
Paragraph 2 - point a - point -i a (new)
- ia. to ensure that the main outcome of the negotiations be an ambitious and comprehensive agreement that goes beyond the current GATS agreement, bringing a significant market opening for EU companies, including SMEs, while ensuring that the agreement is in line with WTO rules;
Amendment 3 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point -i b (new)
Paragraph 2 - point a - point -i b (new)
- ib. to have high ambitions for TiSA, especially regarding telecommunications, e-commerce, professional qualifications and movement of natural persons; to ensure it is a tool for growth and jobs and lowering unemployment;
Amendment 4 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point -i c (new)
Paragraph 2 - point a - point -i c (new)
- ic. to use TiSA negotiations as a tool to move forward the current Doha Round of multilateral trade talks in services and as a negotiating position for opening of service markets between the Union and global trade partners, including in developing countries;
Amendment 5 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point -i d (new)
Paragraph 2 - point a - point -i d (new)
-id. to accept the request by China to join the negotiations which could mean the agreement allows for the further opening of services in China to EU businesses;
Amendment 8 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point i
Paragraph 2 - point a - point i
i. to ensure the highest level of transparency in the negotiations, in particularcluding by allowing access to documents and by organising athat do not undermine the EU's or other Parties' negotiating positions, as well as continuing organising the consultation wiof the Parliament and civil society;
Amendment 15 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point ii
Paragraph 2 - point a - point ii
ii. to ensure that before considering the removal of barriers, the agreement seeks to create a level playing field in the services sector, and has as its main objective to highlight and maintain the high level of protection of consumers, workers and the environment enshrined in the Treaty on the Functioning of the European Union (TFEU)further liberalise global access to services and in particular, to open new markets to EU service providers;
Amendment 25 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point iii
Paragraph 2 - point a - point iii
iii. to ensure thatwhile the TiSA provides reciprocal market access, notwithstanding the right of countries to adopt regulations whicha lack of reciprocity should not be used as a grounds for closing alre duly justified on public policy groundsady open service markets in Europe;
Amendment 42 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point b - point i
Paragraph 2 - point b - point i
i. to ensure that the negotiations maintain and strengthen the fundamental role played by public services and services of general interest in the European Union, which proviinsist, while supporting the continued exclusion of public services from negotiations, that EU service providers should have full market access to liberalised services in TiSA countries; to ensure that the final agreement includes an essential safety net for citizens and contribute to social cohesion, growth and employment clause guaranteeing the non- discriminatory treatment of European service providers;
Amendment 60 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point i
Paragraph 2 - point c - point i
i. to ensure that a positive list of services ready to be placed on the market is presented by the Union in order to protect those services not explicitly referred to from being opened up to competition; increase market access for services according to a "hybrid list approach", using for market access "positive lists", whereby services that are to be opened up to foreign companies are explicitly mentioned and new services are excluded and using "negative list approach" for national treatment;
Amendment 68 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point ii
Paragraph 2 - point c - point ii
ii. to ensure that the negotiations comply with thEuropean goods, services and economic operators, including SMEs, are newot directives on public procurement and concessions, in particular as regards the definition of public-public cooperation, exclusions and SME accesscriminated against in all TiSA public procurement markets for services, at any level of government, and to ensure transparent access at a level equal to that applying to TiSA companies have today in Europe under the new EU public procurement and concessions rules;
Amendment 75 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point iii
Paragraph 2 - point c - point iii
iii. to ensure reciprocity of mutual recognition of professional qualifications, including through the creation of a legal framework and promopromote mobility of professionals including through ambitious provisions on movement on natural persons (Mode 4) in relation to trade in services as well as encouraging cooperation ofn mobility by facilitating the visa for professionals in the sectors covered by the Agreementutual recognition of professional qualifications;
Amendment 87 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point iv a (new)
Paragraph 2 - point c - point iv a (new)
iva. to seek an ambition chapter ensuring the free flow of data - without compromising data protection - in order to support growth in the Digital Single Market;
Amendment 92 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point d - point i
Paragraph 2 - point d - point i
i. to ensure that certain regulated professions are excluded from the agreecommitments;
Amendment 94 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point d - point ii
Paragraph 2 - point d - point ii
ii. to maintain the exclusioncontinue to refrain from issuing any commitments ofn audio- visual and cultural services as it is already the Union policy in regards to the GATS agreement;
Amendment 18 #
2015/2222(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 23 #
2015/2222(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that labour law, workers participation in the management or supervisory bodies of the companies, the right to information and consultation, taxation accounting and insolvency proceedings are all outside the scope of the Commission proposal for a directive on single-member private limited liability companies;
Amendment 7 #
2015/2210(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the single market remains fragmented and insufficiently implemented and the great potential for growth, innovation and jobs largely untapped; calls on the Commission and the Member States to honour their commitments and to safeguard the revival of the single market as one of the Union’s main priorities;
Amendment 9 #
2015/2210(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates its call on the Commission to put forward proposals for classifying the single market as a specific pillar of the European Semester, including dedicated guidelines; calls on the Commission to integrate the completion of all dimensions of the single market - on goods, services, capital, labour, energy, transport, and in the digital sector - as part of the European Semester and country- specific recommendations (CSRs) thereon; , even when they might be also covered by other policy processes;
Amendment 15 #
2015/2210(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls the Commission's promise to - if necessary - use infringement procedures to ensure full implementation of legislation on the single market of goods, services and in the digital sphere and to ensure structural reforms in product, services and labour markets in Member States;
Amendment 32 #
2015/2210(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to take additional measures to improve access to finance for SMEs and to ensure an improved business environment, simplify procedures and reduce administrative burdens in the single market; stresses the importance of competitive and highly integrated markets with sound business regulation for the success of the European Fund for Strategic Investments;
Amendment 41 #
2015/2210(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Emphasises that the European Semester is a grean evident opportunity to urge Member States to step uppush for more progress in their efforts towards the digital single market (DSM); welcomes, in this context, the Commission’s communication on the roadmap for completing the DSM; considers it essential to remedy the current fragmentation of national rules on digital services and to build a more innovative and transparent DSM based on sound competition and providing a high level of accessibility and consumer protection;
Amendment 47 #
2015/2210(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes that the Member States have to step up their efforts to modernise their public administrations by providing more, and better accessible, digital services for citizens and businesses, and to facilitate cross border cooperation and interoperability of public administrations;
Amendment 53 #
2015/2210(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Believes that the ownership of the CSR by national parliaments needs to be strengthened; encourages the Member States to provide the possibility for the Commission to present the CSRs in the national parliaments; calls, furthermore, on the Member States to implement the CSRs and to rigorously transpose the EU targets into national targets; reiterates, furthermore, its request that the Commission report to the competent committee of Parliament on the measures taken to ensure progress in the implementation of the CSRs and the progress achieved thus far.
Amendment 10 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that whilst it is impossible to hold back the digital revolution, it is possible to shapedigital technologies bring tremendous opportunities; acknowledges the importance of the digital revolution as a fuel for entrepreneurship, digital transformation of industry, development of new business models, ideas and innovative start-ups and its course; a driver for growth and jobs creation;
Amendment 11 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that stimulating growth, innovation, consumer choice and competitiveness is of the utmost importance and digital technologies bring tremendous opportunities; believes that the dDigital sSingle mMarket Strategy is key to achieving this objective by removing barriers to tradetargeting the most significant remaining barriers to trade with a particular focus on SMEs, streamlining processes for online businesses and supporting creators, investors and consumers; calls in this regard for future-proof regulation and the competitiveness tests on all new proposals;
Amendment 22 #
2015/2147(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to ensure that particular attention will be paid to issues that prevent consumers and businesses from benefiting from full range of products and services, whether digital or those offered through digital channels in the EU, and prevent businesses from starting and scaling up, operating across borders and innovating;
Amendment 23 #
2015/2147(INI)
Motion for a resolution
Citation 45 a (new)
Citation 45 a (new)
- having regard to the 28 September 2015 agreement on 5G partnership between China and the European Union and related agreements,
Amendment 44 #
2015/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for targeted, evidence-based reforms to enhance cross-border access to legally available online content but stresses the importance of not mandating pan- European licences; calls instead; calls for reforms to remove the remaining barriers to the free circulation of goods and services sold on-line and tackle unjustified discrimination on the grounds of geographic location; calls for reforms to enable the enhanced portability of legally acquired content to be prioritised; and facilitate cross- border access to copyright content while ensuring a level playing field for intellectual property rights holders and consumers;
Amendment 52 #
2015/2147(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to undertake a thorough assessment of the impact which digitalisation will have onin co-operation with the nuMember and types of jobs available and to gather information on new forms of employment, such as crowdsourcing and crowdworkingStates, business and other relevant stakeholders to identify on new forms of employment and required skills sets in digitally-driven economies and to develop recommendations leading to required changes in the Member States' education systems;
Amendment 67 #
2015/2147(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls Member States to take necessary actions and to reform training systems in order to improve their efficiency in raising the skills and competences needed in the digital economy to help unemployed people to better anticipate and meet the changing needs of labour markets;
Amendment 69 #
2015/2147(INI)
Motion for a resolution
Recital B
Recital B
B. whereas all Union policies and legislation in the area of the Digital Single Market should allow new opportunities for users and businesses to emerge, especially within today’s service society, while taking a holistic approach that considers their social dimension as they inevitably involve structural changes;
Amendment 70 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that as job and skito embrace the fulls profiles become more complex, new demands are being placed on training and further educationotential of digital technology there is a need for information and communications technology (ICT) skills in the labour market as these skills are essential to operate and function in fully digitised information society; emphasises the importance of social dialogue in efforts to bring specific ICT training courses content up to date and develop skills strategies that are needed for unemployed people, young people in particular, to find a job;
Amendment 132 #
2015/2147(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points out that the digitalisation-driven trend towards more flexible working practices may also give rise to precariousnew forms of employment to which current standards as regards social security, working time, working location, worker participation and employment protection no longer apply; calls for self-employed persons with quasi-employee status to be placed on an equal footing with employment rules do not correspond, calls for assessment of how to modernise employment regulations while ensuring employment flexibility as well as maintaining protection for workers including self-employed persons under employment law;
Amendment 163 #
2015/2147(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s aim to withdraw the proposal on a Common European Sales Law and the intention to propose rules for digital content; notes the proposal to introduce the ‘home option’ in order to bring down barriers to cross- border trade; insists on the need for comprehensive evidence and consultation with stakeholders before this approach is pursued, in particular as regards the impact it would have on the current protection provided to consumers under national law, especially in terms of remedies for failure to comply with the terms of contracts for online sales. Calls on the Commission to ensure that the proposed legislation is made fit for the age of digital and addresses all possible ways in which digital solutions can reduce burdens for consumers and businesses with an emphasis on making it easier for SMEs to do business online.
Amendment 169 #
2015/2147(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses the need to develop employeeat the Digital Single Market and EU privacy and data regulations should provide a coherent and stable framework to facilitate innovation, trade and entrepreneurship while ensuring adequate implementation of data protection rules for employees including data protection measures which cover new forms of data collection (relainteractions between humans and robotInternet of Things devices);
Amendment 242 #
2015/2147(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines that the primary objective of the Strategy must be the creation of a true digital single market free of barriers and not an occasion to create new ones through new regulation whose absolute necessity would have not been proven;
Amendment 246 #
2015/2147(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the urgent need for the Commission and Member States to promote a more dynamic economy for innovation to flourish and for companies to scale up, through the development of e- government, a modernised regulatory framework fit for the emergence and scale- up of innovative businesses, improved access to finance for start-ups and SMEs, and a long term investment strategy in infrastructure, skills, research and innovation;
Amendment 286 #
2015/2147(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, in cooperation with Member States, to further develop initiatives to boost entrepreneurship that range from changing the mind-set on how success is defined to promoting an entrepreneurial and innovation culture, including business model innovation; believes, in addition, that the diversity and specific attributes of the different national innovation hubs could be turned into a real competitive advantage for the EU if they are effectively interconnected;
Amendment 399 #
2015/2147(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance for consumers to be better informed of the use of their data, in particular in the case of free services;
Amendment 456 #
2015/2147(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 494 #
2015/2147(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for an ambitious enforcement framework for the Services Directive; encourages the Commission to make use of all means at its disposal to ensure the full and correct implementation of existing rules, including developing enforcement guidelines to ensure, in particular ,uniform application of the mutual recognition principle in the field of services and fast-track infringement procedures whenever incorrect or insufficient implementation of the directive is identified;
Amendment 566 #
2015/2147(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that ambitious actions are needed to improve access to legal digital content,goods and services sold online by in particular by ending geo- blocking practices and unfair price discrimination based on geographical location; calls on the Commission to investigate the practice of price discrimination and market segmentation and for the Commission to act against unethical, unfair or illegal business practices including on price discrimination where location, language, or nationality are used as factures;
Amendment 581 #
2015/2147(INI)
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16d. Underlines that the end of geo- blocking should go hand in hand with an increase of cross border parcel shipping options at a better price in order to allow effective competition within the single market; stresses, therefore, the need for measures to improve price transparency and enhanced regulatory oversight of parcel delivery;
Amendment 585 #
2015/2147(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Stresses the need for all consumers within the Union to be treated equally by online merchants selling in one or more Member States, including in access to discounts or other promotions;
Amendment 593 #
2015/2147(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Stresses the need for portability of legally brought digital content, including subscription services, across borders in either downloaded or streaming formats;
Amendment 672 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Reminds the commitment of Member states to at least reach by 2020 the broadband targets of full deployment of superfast speeds (30 Mbps); calls on the Commission to evaluate if the current broadband targets meet the conditions to the development of a data-driven economy and if investments in Member States are part of a long term and future-proof investment strategy;
Amendment 687 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses the importance of a successful implementation of EFSI in targeting projects with higher-risk profiles to maximise investments in digital infrastructure and better attract private investments for innovative companies; a particular focus should be given to information and support of innovative entrepreneurs, at the different funding stages of development of the company;
Amendment 723 #
2015/2147(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that since the development of over-the-top services has increased demand and competition among services to the benefit of consumers, modernisation of the telecommunication framework should not lead to more regulatory burdens, but should drive innovation and fair competition and ensure fair access to the networks;
Amendment 770 #
2015/2147(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that the uniform enforcement of the Connected Continent package, including the end of roaming surcharges and the net neutrality principle, requires the establishment of a single European telecommunications regulatornet neutrality principle and the end of roaming surcharges, is essential to the functioning of the single market ;
Amendment 791 #
2015/2147(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission, in order to deepen the internal market for telecommunications, to establish a single European telecommunications regulator through a strengthening of the role and decisions of BEREC, in particular in enforcement of EU telecommunication rules, oversight of the single market and crossborder disputes ;
Amendment 858 #
2015/2147(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Appreciates the Commission’s initiative to analyse the role of platforms in the Digital Economy as part of the upcoming Internal Market StrategyDigital Single Market Strategy that should aim at identifying specific and defined problems within specific business areas; Stresses that taking a "one size fits all" approach in light of the diversity of platforms, and the growth potential in particular of B2B platforms, could seriously impede innovation;
Amendment 926 #
2015/2147(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers, in order to ensure trust in digital services, that increased resources from the public and private sector are required to strengthen the security of IT systems and online networks and the encryption of communication, to improve cyber-attack prevention and to increase knowledge of basic security processes among users of digital services; in addition, requirements should be set for companies to have basic levels of security such as encrypting data and updating software;
Amendment 6 #
2015/2140(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Regards a transparent and competitive single market as a key factor for growth and for an effective recovery, and takes the view, therefore, that competition policy has a vital role to play in safeguarding the rights of consumers, citizens, businesses and workers in the broader context of a social market economycompetition to the benefit of consumers, citizens, and businesses;
Amendment 17 #
2015/2140(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes the view that the overhauleffective enforcement of competition policy is needed partly in order to meet the challenges posed by the digital single market, a sector which is changing rapidly, hence the importance ofrequires strong market knowledge and fast reactivity, and also in order to overcominge the current fragmentation along national lines and doingto do away with barriers to access to the market;
Amendment 31 #
2015/2140(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Regards it as essential to guarantee fair terms of competition on the digital market and to combat the abuse of dominant positions; considers it important, in particular, to make the on-line research, e-commerce, and advertising market more open and transparent, and regards it as vital to guarantee an open and neutral netthe principle of net neutrality, namely fair, open and non-discriminatory internet access, as a prerequisite for fair competition and market cohesion to the benefit of consumers and businesses;
Amendment 41 #
2015/2140(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Regards it as essential that Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions should be implemented quickly and correctly; calls on the Commission and the Member States to take additional measures, if necessary, to facilitate collective actions of this kind;
Amendment 47 #
2015/2140(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to ensure the new EU public procurement rules are implemented in a timely manner, in particular the deployment of e- procurement and the new provisions encouraging the division of contracts into lots, which is essential to foster innovation and competition and to support SMEs in procurement markets;
Amendment 54 #
2015/2140(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Welcomes the strong interplay between competition enforcement and the digital single market strategy, in particular in actions related to geoblocking practices and licensing agreements, to complete the digital single market; considers that a similar interplay is vital in the internal energy market to remove barriers to the free flow of energy across borders and to build the Energy Union;
Amendment 58 #
2015/2140(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Takes the view that the main condition towards the completion of the European Energy Union is a well-functioning internal energy market that is dependent on the effective and persistent enforcement of EU competition rules; emphasises that implementing the competition rules contributes to sustainability, competitiveness and security of supply;
Amendment 59 #
2015/2140(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Considers that competition in the telecommunications sector is essential not only to drive innovation and investment in networks, but also for affordable prices and choice in services for consumers; calls, therefore, on the Commission to safeguard competition in this sector, including in the allocation of spectrum;
Amendment 32 #
2015/0287(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This Directive should not affect national laws to the extent that the topics concerned are not regulated by this Directive, such as national rules providing for obligations of the consumer towards the supplier of digital content or regulating the qualification, formation and validity of contracts or the legality of the content. Member States should also remain free to provide rules for the detailed conditions for the exercise of rights, such as the right to damages to the extent not covered by the Directive, or rules which provide for the consequences of termination of the contract which apply in addition to restitution rules regulated by this Directive.
Amendment 33 #
2015/0287(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The Directive should address problems across different categories of digital content and its supply. In order to cater for fast technological developments and to maintain the future-proof nature of the notion of digital content, this notion as used in this Directive should be broader than in Directive 2011/83/EU of the European Parliament and of the Council.30 In particular it should cover services which allow the creation, processing or storage of data. While there are numerous ways for digital content to be supplied, such as transmission on a durable medium, downloading by consumers on their devices, web-streaming, allowing access to storage capabilities of digital content or access to the use of social media, this Directive should apply to all digital content independently of the medium used for its transmission. Differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers. A level-playing field between suppliers of different categories of digital content should be ensured. However this Directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods. _________________ 30_________________ 30 OJ L 304, 22.11.2011, p.64. OJ L 304, 22.11.2011, p.64.
Amendment 36 #
2015/0287(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to meet the expectations of consumers and ensure a clear-cut and simple legal framework for suppliers of digital content offered on a durable medium, in relation to conformity requirements and remedies available to consumers for non-conformity, this Directive should apply to goods such as DVDs and CDs, incorporating digital content in such a way that the goods function only as a carrier of the digital content. The Directive should apply to the digital content supplied on a durable medium, independently whether it is sold at a distance or in face-to-face situations, so as to avoid fragmentation between the different distribution channels. The Directive 2011/83 should continue to apply to those goods, including to obligations related to the delivery of goods, remedies in case of the failure to deliver and the nature of the contract under which those goods are suppliedThe Directive should apply to the digital content supplied on a durable medium, independently whether it is sold at a distance or in face-to-face situations, so as to avoid fragmentation between the different distribution channels. The Directive is also without prejudice to the distribution right applicable to these goods under copyright law.
Amendment 40 #
2015/0287(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In the digital economy, information about individuals is often and increasingly seen by market participants as having a value comparable to money. Digital content is often supplied not in exchange for a price but against counter-performance other than money i.e. by giving access to personal data or other data. Those specific business models apply in different forms in a considerable part of the market. Introducing a differentiation depending on the nature of the counter-performance would discriminate between different business models; it would provide an unjustified incentive for businesses to move towards offering digital content against data. A level playing field should be ensured. In addition, defects of the performance features of the digital content supplied against counter-performance other than money may have an impact on the economic interests of consumers. Therefore the applicability of the rules of this Directive should not depend on whether a price is paid for the specific digital content in question.
Amendment 46 #
2015/0287(COD)
Proposal for a directive
Recital 14
Recital 14
(14) As regards digital content supplied not in exchange for a price but against counter-performance other than money, this Directive should apply only to contracts where the supplier requests and the consumer actively provides personal data, such as name and e-mail address or photos, directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers' photos. This Directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract, for example geographical location where necessary for a mobile application to function properly, or for the sole purpose of meeting legal requirements, for instance where the registration of the consumer is required for security and identification purposes by applicable laws. This Directive should also not apply to situations where the supplier collects information, including personal data, such as the IP address, or other automatically generated information such as information collected and transmitted by a cookie, without the consumer actively supplying it, even if the consumer accepts the cookie. It should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content.
Amendment 55 #
2015/0287(COD)
Proposal for a directive
Recital 23
Recital 23
(23) There are various ways for digital content to reach consumers. It is opportune to set simple and clear rules as to the modalities and the time for performing the supplier's main contractual obligation to supply digital content to the consumer. Considering that the supplier is not in principle responsible for acts or omissions of an internet provider or an electronic platform which the consumer selected for receiving the digital content, it should be sufficient for the supplier to supply the digital content to this third party. With regard to the time of supply, in line with market practices and technical possibilities, the digital content should be supplied immediatwithout undue delay, unless the parties decide to agree otherwise in order to cater for other supply models.
Amendment 76 #
2015/0287(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 78 #
2015/0287(COD)
Proposal for a directive
Recital 40
Recital 40
Amendment 81 #
2015/0287(COD)
Proposal for a directive
Recital 44
Recital 44
(44) The principle of the supplier's liability for damages is an essential element of the contracts for supply of digital content. In order to increase consumers' trust in digital content this principle should thus be regulated at Union level to ensure that consumers doConsumers should not suffer a detriment if their hardware or software is damaged by digital content which is not in conformity with the contract. Therefore, consumers should be entitled to a compensation for damages caused to the consumer's digital environment by a lack of conformity with the contract or a failure to supply the digital content. However, it should be for Member States to lay down the detailed conditions for the exercise of the right to damages while taking into account that discounts on prices for future supplies of the digital content, especially when offered by suppliers as an exclusive compensation for losses, do not necessarily put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract.
Amendment 85 #
2015/0287(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Competition is an important element for a well-functioning digital single market. In order to stimulate such a competition, consumers should be enabled to respond to competitive offers and to switch between suppliers. In order to make this work in practice, they should be able to do so without being hindered by legal, technical or practical obstacles, including contractual conditions or lack of means for retrieving all data uploaded by the consumer, produced by the consumer with the use of the digital content or generated through the consumer's use of the digital content. However, it is also important to protect existing investments and the trust in concluded contracts. Therefore consumers should be given the right to terminate long- term contracts under certain balanced conditions. This does not preclude that consumer contracts may be concluded for longer contractual periods. However, the consumer should be entitled to terminate any contractual relation that altogether lasts for a period longer than 12 months. In order to prevent any circumvention of this right it should cover any contract which results in the consumer being bound by the contract for more than 12 months, irrespective of whether the contract is of indeterminate duration or is extended automatically or following a subsequent agreement by the parties.
Amendment 87 #
2015/0287(COD)
Proposal for a directive
Recital 2
Recital 2
(2) For the achievement of a genuine digital single market, the harmonisation of certain aspects concerning contracts for supply of digital content, taking as a base a high level of consumer protection, is necessary, as well as legal certainty for digital content suppliers.
Amendment 89 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. 'damages' means a sum of money to which consumers may be entitled as compensation for economic damage to their digital environmentharm caused ;
Amendment 90 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Amendment 91 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. 'price' means money or any other type of representation of value that is due in exchange for digital content supplied;
Amendment 93 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. 'interoperability' means the ability of digital content to perform all its functionalities in interaction with a concrete digitalstandard hardware and software environment;
Amendment 95 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
11 a. 'personal data' means personal data as defined by Article 4(1) of Regulation (EU) 2016/679
Amendment 100 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and, in exchange, a price is to be paid or the consumer actively provides counter- performance other than money in the form of personal data or any other data.
Amendment 102 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. This Directive shall not apply to digital content provided against counter- performance other than money to the extent the supplier requests the consumer to provide personal data the processing of which is strictly necessary for the performance of the contract or for meeting legal requirements and the supplier does not further process them in a way incompatible with this purpose. It shall equally not apply to any other data the supplier requests the consumer to provide for the purpose of ensuring that the digital content is in conformity with the contract or of meeting legal requirements, and the supplier does not use that data for commercial purposes.
Amendment 107 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
Amendment 114 #
2015/0287(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a third party chosen by the consumer, which operates a physical or virtual facility making the digital content available to the consumer or allowing the consumer to access it and which has been chosen by the consumer for receiving the digital content.
Amendment 116 #
2015/0287(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The supplier shall supply the digital content immediatwithout undue delay after the conclusion of the contract, unless the parties have agreed otherwise. The supply shall be deemed to take place when the digital content is supplied to the consumer or, where point (b) of paragraph 1 applies, to the third party chosen by the consumer, whichever is the earlier.
Amendment 140 #
2015/0287(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This Directive should fully harmonise a set of key rules that are so far not regulated at Union level. It should include therefore rules on conformity of the digital content, remedies available to consumers in cases of lack of such conformity ofr a failure to supply digital content with the contract and certain modalities for the exercise of those remedies. This Directive should also harmonise certain aspects concerning the right to terminate a long term contract, as well as certain aspects concerning the modification of the digital content.
Amendment 143 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) the supplier shall take all measures which could be expected in order to refrain from the use of the counter-performance other than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been generated jointly by the consumer and others who continue to make use of the contentIn respect of personal data and data other than personal data of the consumer, the supplier shall comply with the obligations applicable under Regulation 2016/679;
Amendment 147 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
Amendment 151 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Upon termination, the supplier may prevent any further use of the digital content by the consumer, in particular by making the digital content not accessible to the consumer or disabling the user account of the consumer, without prejudice to point (c) of paragraph 2.
Amendment 152 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Where the consumer terminates a part of the contract in accordance with paragraph 5, paragraph 2 shall apply, with the exception of point (b) in regards to the period during which the digital content was in conformity with the contract. The supplier shall reimburse to the consumer the part of the price paid corresponding to the period of time when the digital content was not in conformity with the contract.
Amendment 153 #
2015/0287(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The supplier shall be liable to the consumer for any economic damage to the digital environment of the consumerdamage caused by a lack of conformity with the contract or a failure to supply the digital content. Damages shall put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract.
Amendment 161 #
2015/0287(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The Directive should address problems across different categories of digital content and its supply. In order to cater for fast technological developments and to maintain the future-proof nature of the notion of digital content, this notion as used in this Directive should be broader than in Directive 2011/83/EU of the European Parliament and of the Council.30 In particular it should cover services which allow the creation, processing or storage of data. While there are numerous ways for digital content to be supplied, such as transmission on a durable medium, downloading by consumers on their devices, web-streaming, allowing access to storage capabilities of digital content or access to the use of social media, this Directive should apply to all digital content independently of the medium used for its transmission. Differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers. A level-playing field between suppliers of different categories of digital content should be ensured. However this Directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods. _________________ 30 OJ L 304, 22.11.2011, p.64.
Amendment 164 #
2015/0287(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to meet the expectations of consumers and ensure a clear-cut and simple legal framework for suppliers of digital content offered on a durable medium, in relation to conformity requirements and remedies available to consumers for non-conformity, this Directive should apply to goods such as DVDs and CDs, incorporating digital content in such a way that the goods function only as a carrier of the digital content. The Directive should apply to the digital content supplied on a durable medium, independently whether it is sold at a distance or in face-to-face situations, so as to avoid fragmentation between the different distribution channels. The Directive 2011/83 should continue to apply to those goods, including to obligations related to the delivery of goods, remedies in case of the failure to deliver and the nature of the contract under which those goods are suppliedThe Directive should apply to the digital content supplied on a durable medium, independently whether it is sold at a distance or in face-to-face situations, so as to avoid fragmentation between the different distribution channels. The Directive is also without prejudice to the distribution right applicable to these goods under copyright law.
Amendment 165 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point a
Article 16 – paragraph 4 – point a
(a) the supplier shall take all measures which could be expected in order to refrain from the use of other counter-performance than money which the consumer has provided in exchange for the digitIn respect of personal data and data other than personal data, the supplier shall content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumermply with the obligations applicable under Regulation 2016/678;
Amendment 167 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point b
Article 16 – paragraph 4 – point b
Amendment 176 #
2015/0287(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
The Commission shall, not later than on [the date of fivthree years after entry into force] review the application of this Directive and submit a report to the European Parliament and the Council. The report shall examine, inter alia, the case for harmonisation of rules applicable to contracts for the supply of digital content against counter-performance other than money that covered by this Directive, in particular supplied against advertisement or indirect collection of data.
Amendment 177 #
2015/0287(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In the digital economy, information about individuals is often and increasingly seen by market participants as having a value comparable to money. Digital content is often supplied not in exchange for a price but against counter-performance other than money i.e. by giving access to personal data or other data. Those specific business models apply in different forms in a considerable part of the market. Introducing a differentiation depending on the nature of the counter-performance would discriminate between different business models; it would provide an unjustified incentive for businesses to move towards offering digital content against data. A level playing field should be ensured. In addition, defects of the performance features of the digital content supplied against counter-performance other than money may have an impact on the economic interests of consumers. Therefore the applicability of the rules of this Directive should not depend on whether a price is paid for the specific digital content in question.
Amendment 191 #
2015/0287(COD)
Proposal for a directive
Recital 14
Recital 14
(14) As regards digital content supplied not in exchange for a price but against counter-performance other than money, this Directive should apply only to contracts where the supplier requests and the consumer actively provides personal data, such as name and e-mail address or photos, directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers' photos. This Directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract, for example geographical location where necessary for a mobile application to function properly, or for the sole purpose of meeting legal requirements, for instance where the registration of the consumer is required for security and identification purposes by applicable laws. This Directive should also not apply to situations where the supplier collects information, including personal data, such as the IP address, or other automatically generated information such as information collected and transmitted by a cookie, without the consumer actively supplying it, even if the consumer accepts the cookie. It should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content.
Amendment 201 #
2015/0287(COD)
Proposal for a directive
Recital 15
Recital 15
(15) CDigital content generated by consumers should be treated on the same basis as any other digital content that the consumer provides or stores throughout the period of duration of the contract such as music and video files, pictures, games or applications. CDigital content generated by consumers comprises a wide range of examples including digital images, video and audio files, blogs, discussion forums, text-based collaboration formats, posts, chats, tweets, logs, podcasting, content created on mobile devices, content created in the context of online virtual environments, ratings and collections of links referring to online content.
Amendment 214 #
2015/0287(COD)
Proposal for a directive
Recital 19
Recital 19
(19) This Directive should apply only to those services whose main subject matter is providing digital content. Therefore, the Directive should not apply to services, which are performed personally by the supplier and where the digital means are only used for access or delivery purposes, such as a translation offered by a person or other professional advice services where only the output of the service is delivered to the consumer by digital means and the supplier does not further process them.
Amendment 231 #
2015/0287(COD)
Proposal for a directive
Recital 23
Recital 23
(23) There are various ways for digital content to reach consumers. It is opportune to set simple and clear rules as to the modalities and the time for performing the supplier's main contractual obligation to supply digital content to the consumer. Considering that the supplier is not in principle responsible for acts or omissions of an internet provider or an electronic platform which the consumer selected for receiving the digital content, it should be sufficient for the supplier to supply the digital content to this third party. With regard to the time of supply, in line with market practices and technical possibilities, the digital content should be supplied immediatwithout undue delay, unless the parties decide to agree otherwise in order to cater for other supply models.
Amendment 253 #
2015/0287(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to work properly, digital content needs to be correctly integrated into the consumer's hardware and software of digital environment. Where a lack of conformity with the contract of the digital content results from an incorrect integration, it should be regarded as a lack of conformity with the contract of the digital content itself, where it was integrated by the supplier or under its control, or by the consumer following supplier's instructions for integration and the incorrect integration was due to shortcomings in the required integration instructions. In such scenarios the origin of the lack of conformity stems from the sphere of the supplier.
Amendment 267 #
2015/0287(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Without prejudice to the fundamental rights to the protection of private life, including confidentiality of communications, and the protection of personal data of the consumer, the consumer should cooperate with the supplier in order to allow the supplier to ascertain the consumer's digital environment with the use of the least intrusive means which are at the disposal of both parties in the circumstances for determining whether the lack of conformity existed at the time of the supply of digital content. This may often be done for instance by providing the supplier with automatically generated incident reports or details of the consumer's internet connection. Only in exceptional and duly justified circumstances where with the best use of all other means there is no other way possible, this may also be done by allowing virtual access to the consumer's digital environment. However, where the consumer does not cooperate with the supplier, it should be for the consumer to prove that the digital content is not in conformity with the contract.
Amendment 309 #
2015/0287(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 340 #
2015/0287(COD)
Proposal for a directive
Recital 44
Recital 44
(44) The principle of the supplier's liability for damages is an essential element of the contracts for supply of digital content. In order to increase consumers' trust in digital content this principle should thus be regulated at Union level to ensure that consumers doConsumers should not suffer a detriment if their hardware or software is damaged by digital content which is not in conformity with the contract. Therefore, consumers should be entitled to a compensation for damages caused to the consumer's digital environment by a lack of conformity with the contract or a failure to supply the digital content. However, it should be for Member States to lay down the detailed conditions for the exercise of the right to damages while taking into account that discounts on prices for future supplies of the digital content, especially when offered by suppliers as an exclusive compensation for losses, do not necessarily put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract.
Amendment 342 #
2015/0287(COD)
Proposal for a directive
Recital 44
Recital 44
(44) The principle of the supplier's liability for damages is an essential element of the contracts for supply of digital content. In order to increase consumers' trust in digital content this principle should thus be regulated at Union level to ensure that consumers do not suffer a detriment if their hardware or software is damaged by digital content which is not in conformity with the contract. Therefore, consumers should be entitled to a compensation for damages caused to the consumer's digital environment by a lack of conformity with the contract or a failure to supply the digital content. However, it should be for Member States to lay down the detailed conditions for the exercise of the right to damages while taking into account that discounts on prices for future supplies of the digital content, especially when offered by suppliers as an exclusive compensation for losses, do not necessarily put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract.
Amendment 367 #
2015/0287(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down certain requirements concerning contracte purpose of this Directive is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by laying down common requirements concerning certain rules for the contracts between suppliers and consumers for the supply of digital content to consumers, in particularand/or digital services, rules on conformity of digital content with the contract, remedies in case of the lack of such conformity or a failure to supply and the modalities for the exercise of those remedies as well as on modification and termination of such contracts.
Amendment 375 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) data which is produced and supplied in digital form, for example video, audio, applications, digital games and any other software,;
Amendment 382 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(b) adigital service allowing the creation, processing or storage of data in digital form, where such data is provided by the consumer, and
Amendment 387 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
(c) adigital service allowing sharing of and any other interaction with data in digital form provided by other users of the service;
Amendment 396 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. 'integration' means linking and incorporating together different components of a digital environment to act as a coordinated whole in conformity with its intended purposedigital content components with the components of digital environment to use digital content in accordance with the contract;
Amendment 401 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. 'supplier' means any natural or legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to that person’his trade, business, craft, or profession in relation to contracts covered by this Directive;
Amendment 404 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
4. 'consumer' means any natural person who in relation to contracts covered by this Directive, is acting for purposes which are outside that person's trade, business, craft, or profession;
Amendment 408 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. 'damages' means a sum of money to which consumers may be entitled as compensation for economic damage to their digital environmentthe harm caused;
Amendment 413 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. 'price' means money or any other type of representation of value that is due in exchange for digital content supplied;
Amendment 418 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
6 a. 'personal data' means personal data as defined by Article 4(1) of Regulation (EU) 2016/679
Amendment 422 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. 'digital environment' means hardware, digital contentsoftware and any network connection to the extent that they are within the control of the usused by the consumer;
Amendment 431 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. 'interoperability' means the ability of digital content to perform all its functionalities in interaction with a concrete digitalstandard hardware and software environment;
Amendment 454 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and, in exchange, a price is to be paid or the consumer actively provides counter- performance other than money in the form of personal data or any other data.
Amendment 465 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. With the exception of Articles 5 and 11, this Directive shall apply to any durable medium incorporating digital content where the durable medium has been used exclusively as carrier of digital contentThis Directive shall apply to goods in which digital content is embedded unless the supplier proves that the lack of conformity lies in the hardware of the good.
Amendment 472 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. This Directive shall not apply to digital content provided against counter- performance other than money to the extent the supplier requests the consumer to provide personal data the processing of which is strictly necessary for the performance of the contract or for meeting legal requirements and the supplier does not further process them in a way incompatible with this purpose. It shall equally not apply to any other data the supplier requests the consumer to provide for the purpose of ensuring that the digital content is in conformity with the contract or of meeting legal requirements, and the supplier does not use that data for commercial purposes.
Amendment 485 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 5 – point a
Article 3 – paragraph 5 – point a
(a) services performed with a predominant element of human intervention by the supplier where the digital format is used mainly as a carrier or for making such service available;
Amendment 496 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Where a contract includes elementfor the supply of digital content includes additional contractual obligations in addition to the supply of digital content, this Directive shall only apply to the obligations and remedies of the parties as supplier and consumer of the digital content.
Amendment 501 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 7
Article 3 – paragraph 7
7. If any provision of this Directive conflicts with a provision of another Union act governing a specific sector or subject matter, the provision of that other Union act shall take precedence over this Directiveprevail.
Amendment 506 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. This Directive is without prejudice to the protection of individuals with regard to the processing of personal datapersonal data as provided for by Regulation (EU) 2016/679.
Amendment 537 #
2015/0287(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The supplier shall supply the digital content immediatwithout undue delay after the conclusion of the contract, unless the parties have agreed otherwise. The supply shall be deemed to take place when the digital content is supplied to the consumer or, where point (b) of paragraph 1 applies, to the third party chosen by the consumer, whichever is the earlier.
Amendment 551 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. In order to conform with the contract, the digital content shall, where relevantapplicable:
Amendment 573 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. To the extent that the contract does not stipulate, where relevant, in a clear and comprehensive manner, the requirements for the digital content under paragraph 1, the digital content shall be fit for the purposes that consumers could reasonably expect or for which digital content of the same description would normally be used including its functionality, interoperability and other performance features such as accessibility, continuity and security, taking into account:
Amendment 576 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 645 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The burden of proof with respect to the conformity with the contract at the time indicated inwhether the digital content was supplied in accordance with Article 105 shall be on the supplier.
Amendment 658 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The consumer shall cooperate with the supplier to the extent possible and necessary to determine the consumer'sallow the supplier to ascertain the consumer's digital environment to the extent possible for determining whether the lack of conformity existed at the time of the supply of digital envirconmtent. The obligation to cooperate shall be limited to the technically availableIn particular, the consumer shall tolerate the use of the least intrusive technical means, which are the least intrusive for the consumerat the disposal of both parties. Where the consumer fails to cooperate, the burden of proof with respect to the non-conformity with the contract shall be on the consumer.
Amendment 665 #
2015/0287(COD)
Proposal for a directive
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) any failure to supply the digital content in accordance with Article 5;
Amendment 680 #
2015/0287(COD)
Proposal for a directive
Article 10 – paragraph 1 – point c – point 1 (new)
Article 10 – paragraph 1 – point c – point 1 (new)
1) The rights of the consumer laid down in Article 12 shall be subject to a prescription period of 2 years. The prescription period shall begin to run from the time when the consumer has become , or could be expected to have become, aware of the lack of conformity.
Amendment 691 #
2015/0287(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Where the supplier has failed to supply the digital content in accordance with Article 5 the consumer shall be entitled to terminate the contract immediately under Article 13, unless the supplier, upon the request of the consumer, supplies the digital content without undue delay.
Amendment 778 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The consumer shall exercise the right to terminate the contract by notice to the supplier given by any meansmaking any unequivocal notice setting out his decision to terminate the contract.
Amendment 787 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) the supplier shall reimburse to the consumer the price paid without undue delay and in any event not later than 14 days from receipt of the noticeusing the same means of payments, unless agreed otherwise, as the consumer used to pay for the digital content in any event not later than 14 days from receipt of the notice. The supplier shall not impose any fee on the consumer in respect of the refund;
Amendment 792 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) the supplier shall take all measures which could be expected in order to refrain from the use of the counter-performance other than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been generated jointly by the consumer and others who continue to make use of the contentIn respect of personal data and data other than personal data of the consumer, the supplier shall comply with the obligations applicable under Regulation (EU) 2016/679;
Amendment 800 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
Amendment 828 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Upon termination, the supplier may prevent any further use of the digital content by the consumer, in particular by making the digital content not accessible to the consumer or disabling the user account of the consumer, without prejudice to point (c) of paragraph 2.
Amendment 842 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Where the consumer terminates a part of the contract in accordance with paragraph 5, paragraph 2 shall apply, with the exception of point (b) in regards to the period during which the digital content was in conformity with the contract. The supplier shall reimburse to the consumer the part of the price paid corresponding to the period of time when the digital content was not in conformity with the contract.
Amendment 861 #
2015/0287(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The supplier shall be liable to the consumer for any economic damage to the digital environment of the consumerdamage caused by a lack of conformity with the contract or a failure to supply the digital content. Damages shall put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract.
Amendment 884 #
2015/0287(COD)
Proposal for a directive
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) the consumer is notified reasonably in advance of the modification by an explicit noticeinformed of the modification and his right to terminate the contract free of charge, reasonably in advance in a clear and comprehensible manner on a durable medium;
Amendment 890 #
2015/0287(COD)
Proposal for a directive
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) the consumer is allowed to terminate the contract free of any charges within no less than 30 days from the receipt of the noticeday on which the consumer is informed of the modification; and
Amendment 899 #
2015/0287(COD)
Proposal for a directive
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
Amendment 925 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The consumer shall exercise the right to terminate the contract by notice to the supplier given by any meansin accordance with Article 13. The termination shall become effective 14 days after the receipt of the notice.
Amendment 931 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 934 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point a
Article 16 – paragraph 4 – point a
Amendment 942 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point b
Article 16 – paragraph 4 – point b
Amendment 952 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point c
Article 16 – paragraph 4 – point c
Amendment 956 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4 a. Where the consumer terminates the contract in accordance with this Article, Article 13 shall apply accordingly.
Amendment 962 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Upon termination, the supplier may prevent any further use of the digital content by the consumer, in particular by making the digital content not accessible to the consumer or disabling the user account of the consumer, without prejudice to paragraph (4) point (b)Regulation (EU) 2016/679.
Amendment 986 #
2015/0287(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
The Commission shall, not later than on [the date of five years after entry into force] review the application of this Directive and submit a report to the European Parliament and the Council. The report shall examine, inter alia, the interaction and compliance with the application of Regulation (EU) 2016/679, and the the case for harmonisation of rules applicable to contracts for the supply of digital content against counter-performance other than that covered by this Directive, in particular supplied against advertisement or indirect collection of data.
Amendment 117 #
2015/0269(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The definition of the term "firearm" should be clarified and the control of essential components enhanced by including in the definition any device which shares an essential component with a firearm. An essential component contained in any such device should be considered capable of being used in a firearm when the essential component can be transferred from that device to the firearm without substantial modification.
Amendment 123 #
2015/0269(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) The definition of the term "firearm" under Directive 91/477/EEC should continue to exclude objects which expel a shot, bullet or projectile by the action of a non-combustible propellant, for example through the operation of compressed air or another gas, including so-called airsoft devices and airgun devices, as well as objects which merely have the appearance of a firearm (replicas, imitations), provided in both cases that such objects cannot be converted to a firearm or do not contain an essential component which is capable of being used in a firearm. Member States should be able to regulate such objects under their national law.
Amendment 136 #
2015/0269(COD)
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) Essential components should be defined as those components which are necessary for the operation of a firearm and are constructed to withstand high pressure of firing. Accessories, such as devices designed or adapted to diminish the sound caused by firing a firearm, should not fall within the definition of an essential component, as the firearm can still be operated without them.
Amendment 138 #
2015/0269(COD)
Proposal for a directive
Recital 3 d (new)
Recital 3 d (new)
(3d) It should be specified that the activities of a dealer include not only the manufacturing but also the modification or conversion a firearm, such as the shortening of a complete firearm, and in addition the modification or conversion of parts of firearms and of ammunition, provided that it affects the category of such a firearm or ammunition, and that, therefore, only authorised dealers should be permitted to engage in those activities. This will not prevent, where allowed by national law, private persons from preparing ammunition or from modifying non-essential components of firearms for personal use.
Amendment 142 #
2015/0269(COD)
Proposal for a directive
Recital 3 e (new)
Recital 3 e (new)
(3e) Member States should lay down particularly high requirements for secure storage with respect to firearms or ammunition classified in category A. Such requirements could include, where appropriate, measures ensuring real-time monitoring, as well as requirements to maintain essential components and ammunition in safe storage separate from the firearms in which they can be used.
Amendment 173 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 186 #
2015/0269(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Taking into consideration the high risk of reactivating badly deactivated weapons and in order to enhance security across the Union, dDeactivated firearms should not be covered by this Directive. Additionally, for the most dangerous firearms stricter rules should be introduced in order to ensure that those firearms are not allowed to be owned or traded. Those rules should also apply to fire if they have been deactivated in accordance with Implementing Regulation (EU) 2015/2403 or in accordance with prior national standarmds of that category even after they have been deactivated. Where those rules are not respected, Member States should take appropriate measures including the destruction of thoseand procedures recognised as resulting in the firearms being rendered permanently unfit for use, inoperable and incapable of being converted into functioning firearms.
Amendment 197 #
2015/0269(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The acquisition and possession of firearms should only be permitted if, inter alia, there is good cause. It should be possible for Member States, whilst not being under any obligation in that regard, to find that the acquisition and possession of firearms for the purpose of, for example, hunting, target shooting, various scientific, technical or testing activities, or self-defence and re-enactment of historical events, filmmaking or historical study can constitute good cause.
Amendment 205 #
2015/0269(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensurincrease the traceability of deactivated firearms, they should be registered in national registriesfirearms and essential components and to facilitate their free movement, the provisions of Directive 91/477/EEC should be clarified to ensure that both an assembled firearm and all essential components, whether included in an assembled firearm or not, are marked irremovably, without delay, at the time of their being manufactured or imported, unless the firearm has been deactivated in accordance with that Directive.
Amendment 231 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Some semi-automatic firearms can be easily converted to automatic firearms, thus posing a threat to security. Even in There is a risk that any firearms converted to firing blanks, irritants, other absective substances of conversion to category "A", certain semi-automatic firearms may be very dangerous whenr pyrotechnic ammunition can be converted back in such a way as to make theirm capacity regarding the number of rounds is high. Such semi-automatic weapons should therefore be banned for civilian useble of firing live ammunition. Such firearms should therefore remain in the categories in which they were classified prior to their conversion.
Amendment 287 #
2015/0269(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Objects, that have the physical appearance of a firearm ("replica"), but are manufactured in such a way that they cannot be converted to firing a shot or expelling a bullet or projectile by the action of a combusted propellant, should not be covered by this Directive.
Amendment 304 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point -a a (new)
Article 1 – point 1 – point -a a (new)
Directive 91/477/EEC
Article 1 – paragraph 1a
Article 1 – paragraph 1a
(-a) Article 1(1a) is deleted.
Amendment 309 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, chamber, body, frame, or receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firingor other locking and cartridge-head supporting mechanism for containing the pressure of discharge at the rear of the chamber of a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 331 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 91/477/EEC
Article 1 – paragraph 1e
Article 1 – paragraph 1e
1e. For the purposes of this Directive, "broker" shall mean any natural or legal person, other than a dealer, his agents and representatives, whose trade or business consists wholly or partly in buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or exporting to a third country fully assembled firearms, their parts and ammunition.
Amendment 360 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1– paragraph 1h
Article 1– paragraph 1h
Amendment 388 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point ii
Article 1 – paragraph 2 – point ii
(ii) the manufacture, including modification or conversion, trade, exchange, hiring out, or repair or conversion of parts of firearmf essential components;
Amendment 408 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forcesnational defence forces, encompassing all units and persons under their command or in their reserves, including the military, the police, or other public authorities. Nor shall it apply to commercial transfers of weapons and ammunition of war.
Amendment 423 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any assembled firearm or part placed on the market has been markedessential component, when manufactured or imported, has been marked without delay with an irremovable mark and registered in compliance with this Directive, or that it has been deactivated in accordance with the provisions implementing Article 10b and registered in compliance with this Directive.
Amendment 447 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearm and each essential component, Member States shall, at the time of manufacture of each firearm or at the time of import and each essential component, or at the time of its being manufactured or imported into the Union, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 468 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The marking shall be affixed to the frame or receiver of the firearm.
Amendment 470 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2 a (new)
Article 4 – paragraph 2 – subparagraph 2 a (new)
For the purposes referred to in the first subparagraph, Member States may choose to apply the provisions of the United Nations Convention for the Reciprocal Recognition of Proof Marks on Small Arms of 1 July 1969.
Amendment 476 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 4
Article 4 – paragraph 2 – subparagraph 4
Furthermore, Member States shall ensure, at the time of transfer of a firearm from government stocks to permanent civilian use, the unique marking permitting identification of the transferring government. Firearms classified in category A must first have been deactivated in accordance with the provisions implementing Article 10b or converted to semi-automatic firearms, save in the case of transfers in accordance with authorisations granted pursuant to the first or the second subparagraph of Article 6.
Amendment 510 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Amendment 540 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1a (new)
Article 5 – paragraph 1a (new)
1a. Member States shall establish rules on appropriate storage of firearms, their essential components and ammunition, including when under transport, ensuring a level of security proportionate to the risk of unauthorised access and to the nature and category of the firearms concerned.
Amendment 581 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Without prejudice to Article 2(2), Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy or deactivate those firearms and ammunition held in violation of this provision and seized. A competent authority of a Member State may under strict conditions grant authorisation for such firearms and ammunition provided that there is a legitimate purpose and provided that such authorisation is not contrary to public security, public order or national defence.
Amendment 604 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in their possession firearms classified in category A acquired beforchoose to grant authorisations to legal or natural persons dedicated to the gathering, study and conservation of firearms and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purposes and recognised as such by the Member State in whose territory they are for firearms and ammunition classified in category A, provided that such persons demonstrate [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b)at measures are in place to address any risks to public security or public order and that the firearm or firearms concerned are stored with a level of security proportionate to the risks associated with unauthorised access to such firearms.
Amendment 675 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Directive 91/477/EEC
Article 10
Article 10
(7a) Article 10 is replaced by the following: "The arrangements for the acquisition and possession of ammunition shall be the same as those for the possession of the firearms for which the ammunition is intended. The acquisition and possession of ammunition shall be permitted only for persons who are allowed to possess a firearm of a respective category."
Amendment 706 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. TFor the purposes of the efficient application of this Directive, the competent authorities of the Member States shall exchange information on theby electronic means via a data-exchange platform or interoperable data-exchange platforms to be operational by ... [insert date], including information on authorisations granted for the transfers of firearms to another Member State as well as information with regard to refusals to grant authorisations as defined in Article 7. The Member States shall, upon request by another Member State, exchange information relevant to an assessment of the criminal history, if any, of persons who apply for or who have been granted exceptions pursuant to Article 6 or authorisations pursuant to Article 7. That information shall include the entire text of the corresponding judicial decision or decision of a relevant public authority.
Amendment 717 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 13a concerning the modalities of exchange of information on authorisations granted and on refusalsor refused for the transfer of firearms to another Member State. The Commission shall adopt the first such delegated act by ... [insert date].
Amendment 749 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 6
Annex I – part II – point A – category A – point 6
6. Automatic firearms which have been converted into semi-automatic firearms and which can be reconverted into automatic firearms using conventional tools or simply by the modification or replacement of parts other than essential components, provided that the technical conversion procedure was not previously authorised by a relevant authority of a Member State and provided that the converted firearm in question was inspected and marked;
Amendment 774 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 7
Annex I – part II – point A – category A – point 7
7. Semi-automatic firearms for civilian use which resemble weapons withwhich have been converted into automatic mechanisfirearms;
Amendment 783 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 8
Annex I – part II – point A – category A – point 8
8. FAny firearms under points 1 to 3 and 6 to 7 after having been deactivatedconverted to firing blanks, irritants, other active substances or pyrotechnical ammunition.
Amendment 791 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii
Article 1 – point 13 – point a – point ii
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7
Annex I – part II – point A – category B – point 7
Amendment 804 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii a (new)
Article 1 – point 13 – point a – point ii a (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7 a (new)
Annex I – part II – point A – category B – point 7 a (new)
(iia) in Category B, the following point is added: "7a. Any firearm previously classified under points 1 to 7 after having been converted to firing blanks, irritants, other active substances or pyrotechnic ammunition."
Amendment 814 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5
Annex I – part II – point A – category C – point 5
5. Alny firearm aund signal weapons, salute and acoustic weapons as well as replicaser points 1 to 4 after having been converted to firing blanks, irritants, other active substances or pyrotechnic ammunition;
Amendment 820 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/447/EEC
Annex I – part II – point A – category C – point 6
Annex I – part II – point A – category C – point 6
Amendment 828 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii a (new)Directive 91/477/EEC
Article 1 – point 13 – point a – point iii a (new)Directive 91/477/EEC
Annex I – part II – point A – category D
Amendment 834 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 14 – point a
Article 1 – point 14 – point a
Directive 91/477/EEC
Annex I – part III – point a
Annex I – part III – point a
(a) point (a) is deleted; replaced by the following: "(a) have been rendered permanently unfit for use by deactivation, ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapable of removal, replacement or modification in a way that would permit the firearm to be reactivated in any way, provided that such deactivation has been done: (i) in accordance with the provisions implementing Article 10b(1); or (ii) pursuant to prior national standards and procedures for deactivation recognised under Article 10b(2); or (iii) prior to 8 April 2016 such that a slot has been cut through the chamber wall of a minimum of 4mm width and into the barrel along at least 50% of the barrel length and the barrel has been securely pinned or welded to the receiver/frame, and conversion to expel a shot, bullet or projectile by the action of a combustible propellant is not possible; or (iv) prior to 8 April 2016 and the deactivated object is not transferred to another Member State or placed on the market by a dealer or broker";
Amendment 836 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 14 – point b
Article 1 – point 14 – point b
Directive 91/477/EEC
Annex I – part III – point b
Annex I – part III – point b
are designed for alarm, signalling, life- saving, animal slaughter or harpoon fishing or, for industrial or technical purposes provided that they can be used for the stated purpose only, or to only be capable of expelling a shot, bullet or projectile by the action of compressed air or other gas not generated by the action of a combusted propellant, or are designed as airsoft devices or airgun devices of any description from which only a small missile with limited energy can be discharged, provided that they can be used for the stated purpose only and are not capable of being converted in such a way as to render them capable of expelling a shot, bullet or projectile by the action of a combusted propellant;
Amendment 844 #
2015/0269(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive [312 months after publication toin the OJ]. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 28 #
2015/0268(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Harmonisation of the information contained in the prospectus should provide equivalent investor protection at Union level. In order to enable investors to make an informed investment decision, that information should be sufficient and objective including with regard to the financial circumstances of the issuer and the rights attaching to the securities, and should be provided in an easily analysable, succinct and comprehensible form. Those requirements should apply to all types of prospectuses drawn up in accordance with this Regulation, including those following the minimumsimplified disclosure requirements for secondary issuances and for SMEs. A prospectus should not contain information which is not material or specific to the issuer and the securities concerned, as this could obscure the information relevant to the investment decision and thus undermine investor protection.
Amendment 33 #
2015/0268(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) One of the core objectives of the Capital Markets Union is to facilitate access to financing on capital markets for SMEs which are the main driver of the EU economy in the Union. As such companies usually need to raise relatively lower amounts than other issuers, the cost of drawing up a prospectus can be disproportionately high and complicated administrative procedures may deter them from offering their securities to the public. At the same time, because of their size and shorter track record, SMEs might carry a higher investment risk than larger issuers and should disclose sufficient information for investors to take their investment decision. A proper balance should therefore be struck between the cost- efficient access to financial markets and investor protection when calibrating the content of a prospectus applying to SMEs and a specific disclosure regime should therefore be developed for SMEs to achieve that objective.
Amendment 34 #
2015/0268(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) The minimumreduced information required to be disclosed by SMEs under the specific disclosure regime should be calibrated in a way that focuses on information that is material and relevant for companies of such size and their investors, and. It should aim at ensuring proportionality between the size of the company and its fundraising needs, on the one hand, and the cost of producing a prospectus, on the other hand. In order to ensure SMEs can draw up prospectuses without incurring costs that are not proportionate to their size, and thus the size of their fundraising, the specific disclosure regime for SMEs should be more flexible than that applying to companies on regulated markets to the extent compatible with ensuring that the key information necessary to the investors is disclosed.
Amendment 35 #
2015/0268(COD)
Proposal for a regulation
Recital 47
Recital 47
Amendment 38 #
2015/0268(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Not all issuers have access to adequate information and guidance about the scrutiny and approval process and the necessary steps to follow to get a prospectus approved, as different approaches by competent authorities exist in Member States. This Regulation should eliminate those differences by harmonising the rules applying to the scrutiny and approval process in order to ensure that all competent authorities take a convergent approach when scrutinising the completeness, consistency and comprehensibility of the information contained in a prospectus. Guidance on how to seek approval of a prospectus should be publicly available of the websites of the competent authorities. ESMA should play a key role in fostering supervisory convergence in this field by using its powers under Regulation (EU) No 1095/2010 of the European Parliament and of the Council13 . In particular, ESMA should conduct peer reviews covering activities of the competent authorities under this Regulation within an appropriate time-frame before the review of this Regulation and in accordance with Regulation (EU) No 1095/2010. ESMA should create an online platform in order to simplify the prospectus process, its procedures, and make the information easily accessible through the monitoring and approval stages. __________________ 13 Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC, (OJ L 331, 15.12.2010, p. 84)
Amendment 42 #
2015/0268(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) an offer of securities addressed to fewer than 1500 natural or legal persons per Member State, other than qualified investors;
Amendment 52 #
2015/0268(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) the total consideration of the offer is less than a monetary amount calculated over a period of 12 months, which shall not exceed EUR 120 000 000. in the Union, and
Amendment 57 #
2015/0268(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2 a (new)
Article 3 – paragraph 2 – subparagraph 2 a (new)
The Commission shall harmonise the rules based on which this consideration shall be drafted.
Amendment 58 #
2015/0268(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2 b (new)
Article 3 – paragraph 2 – subparagraph 2 b (new)
The Commission shall supervise and prevent that by such actions Member States do not hamper the fragmentation of the single market.
Amendment 61 #
2015/0268(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The prospectus shall include a summary providing the key information that investors need in order to understand the nature and the risks of the issuer, the guarantor and the securities that are being offered or admitted to trading on a regulated market, and that, when read together with the other parts of the prospectus, shall aids investors when considering whether to invest in such securities.
Amendment 66 #
2015/0268(COD)
Proposal for a regulation
Article 7 – paragraph 4 – point a
Article 7 – paragraph 4 – point a
(a) an introduction containing warnings that include a possible loss of their investment if this would occur;
Amendment 89 #
2015/0268(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. ESMA shall develop guidelines on the assessment by competent authorities of the specificity and materiality of risk factors and on theits allocation of risk factors across categories.
Amendment 90 #
2015/0268(COD)
Proposal for a regulation
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
In order to ensure consistent harmonisation in relation to this Article, ESMA mayshall develop draft regulatory technical standards to update the list mentioned in paragraph 1 by including additional types of documents required under Union law to be filed with or approved by a public authority.
Amendment 93 #
2015/0268(COD)
Proposal for a regulation
Article 19 – paragraph 4 – point a
Article 19 – paragraph 4 – point a
(a) it shall inform the issuer, the offeror or the person asking for admission to trading on a regulated market within 10 working days of the submission of the draft prospectus and/or supplementary information, and state the reasons for the decision therefor, and
Amendment 95 #
2015/0268(COD)
Proposal for a regulation
Article 19 – paragraph 11
Article 19 – paragraph 11
11. ESMA shall use its powers under Regulation (EU) No 1095/2010 to promote supervisory convergence with regard to the scrutiny and approval processes of competent authorities when assessing the completeness, consistency and comprehensibility of the information contained in a prospectus. In particular, ESMA shall foster convergence regarding the efficiency, methods and timing of the scrutiny by the competent authorities of the information given in a prospectus. ESMA shall create an online platform in order to simplify the prospectus process, its procedures, and make the information easily accessible through the monitoring and approval stages.
Amendment 96 #
2015/0268(COD)
Proposal for a regulation
Article 19 – paragraph 12
Article 19 – paragraph 12
12. Without prejudice to Article 30 of Regulation (EU) No 1095/2010, ESMA shall also organise and conduct at least one peer review of the scrutiny and approval procedures of competent authorities, including notifications of approval between competent authorities. The peer review shall also assess the impact of different approaches with regard to scrutiny and approval by competent authorities on issuers' ability to raise capital in the European Union. The report on this peer review shall be published no later thatn three years after the date of application of this Regulation and be accessible online format too. In the context of this peer review, ESMA shall, where appropriate, request opinions or advice from the Securities and Markets Stakeholder Group referred to in Article 37 of Regulation (EU) No 1095/2010.
Amendment 102 #
2015/0268(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
For the purpose of Article 27, and, where deemed necessary, for the purpose of Article 26, the competent authorities of Member States shall conclude supervisory cooperation arrangements with supervisorythe competent authorities of third countries concerning the exchange of information with supervisory authorities in third countries and the enforcement of obligations arising under this Regulation in third countries. Those supervisory cooperation arrangements shall ensure at least an efficient exchange of information that allows the competent authorities to carry out their duties under this Regulation.
Amendment 104 #
2015/0268(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. It shall apply from [enter date 124 months after entry into force of this Regulation].
Amendment 15 #
2015/0009(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Throughout the economic and financial crisis, the Union has made efforts to promote growth, in particular through initiatives set out in the Europe 2020 strategy that put in place an approach for smart, sustainable and inclusive growth, through the European Semester for economic policy coordination. The European Investment Bank ('EIB') has also strengthened its role in instigating and promoting investment within the Union, partly by way of an increase in capital in January 2013. Further action is required to ensure that the investment needs of the Union are addressed and that the liquidity available on the market is used efficiently and channelled towards the funding of viable investment projects.
Amendment 16 #
2015/0009(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) On 15 July 2014, the then President- elect of the European Commission presented a set of Political Guidelines for the European Commission to the European Parliament. These Political Guidelines called for an Energy Union, a connected Digital Single Market, and the mobilisation of ‘up to EUR 300 billion in additional public and private investment in the real economy over the next three years’ to stimulate investment for the purpose of job creation.
Amendment 17 #
2015/0009(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The investment environment within the Union should be improved by removing barriers to investment, reinforcing the Single Market and by enhancing regulatory predictability, in particular in energy, digital, and capital markets, by enhancing regulatory predictability and promoting a mentality shift towards a risk-taking culture. The work of the EFSI, and investments across Europe generally, should benefit from this accompanying work.
Amendment 20 #
2015/0009(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The EFSI should support strategic investments with high economic and social value added contributing to achieving Union policy objectives. The EFSI should improve access to finance and the competitiveness of enterprises, in particular for small and medium-sized enterprises as defined in Recommendation 2003/361/EC, and invest in projects which aim to strengthen the Single Market. The EFSI should be complementary to existing EU programmes. In this context, the projects financed by the EFSI should have a higher risk than projects financed by other EU programmes or by other EIB operations.
Amendment 24 #
2015/0009(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Many small and medium enterprises, as well as mid-cap companies, across the Union require assistance to attract market financing, especially as regards investments that carry a greater degree of risk. The EFSI should help these businesses to overcome capital shortages by allowing the EIB and the European Investment Fund ('EIF') to provide direct and indirect equity injections, as well as to provide guarantees for high-quality securitisation of loans, and other products that are granted in pursuit of the aims of the EFSI. The EFSI should also ensure that the specificity of funding at different stages that innovative businesses, such as start-ups, need is taken into account.
Amendment 26 #
2015/0009(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The EFSI should target projects delivering high societal and economic value. In particular, the EFSI should target projects that promote job creation, long- term growth and competitiveness, including through the development of innovation. The EFSI should support a wide range of financial products, including equity, debt or guarantees, to best accommodate the needs of the individual project. This wide range of products should allow the EFSI to adapt to market needs whilst encouraging private investment in the projects. The EFSI should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money. The requirement for consistency with State aid principles should contribute to such effective and strategic use.
Amendment 29 #
2015/0009(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Decisions on the use of the EFSI support for infrastructure and large mid- cap projects should be made by an Investment Committee. The Investment Committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projectsproject structuring and project financing, and investment projects, and in different sectors, such as research and development, energy, transport and ICT. The Investment Committee should be accountable to a Steering Board of the EFSI, who should supervise the fulfilment of the EFSI's objectives. To effectively benefit from the experience of the EIF, the EFSI should support funding to the EIF to allow the EIF to undertake individual projects in the areas of small and medium enterprises and small mid-cap companies.
Amendment 30 #
2015/0009(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) For the purposes of the transparency, accountability and independence of the Steering Board and the Investment Committee, a system for the prevention of conflicts of interest should be adopted and implemented.
Amendment 32 #
2015/0009(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In accordance with the Treaty on the Functioning of the European Union, Infrastructure and project investments supported under EFSI should be consistentcomply with State aid rules. To that end, the Commission has announced that it will formulate a set of core principles, for the purpose of State aid assessments, which a project will have to meet to be eligible for support under the EFSI. If a project meets these criteria and receives support from the EFSI, the Commission has announced that any national complementary support, will be assessed under a simplified and accelerated State aid assessment whereby the only additional issue to be verified by the Commission will be the proportionality of public support (absence of overcompensation). The Commission has also announced that it will provide further guidance on the set of core principles with a view to ensuring an efficient use of public funds.
Amendment 33 #
2015/0009(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) To partially finance the contribution from the Union budget, the available envelopes of the Horizon 2020 – the Framework Programme for Research and Innovation 2014-2020, provided by Regulation (EU) No 1291/2013 of the European Parliament and of the Council2, and the Connecting Europe Facility, provided by Regulation (EU) No 1316/2013 of the European Parliament and of the Council3, should be reduced. Those programmes serve purposes that are not replicated by the EFSI. However, the reduction of both programmes to finance the guarantee fund is expected toshould ensure a greater investment in certain areas of their respective mandates than is possible through the existing programmes, including energy interconnections, the synchronisation of energy systems and digital highways. The EFSI should be able to leverage the EU guarantee to multiply the financial effect within those areas of research, development and innovation and transport, telecommunications and energy infrastructure compared to if the resources had been spent via grants within the planned Horizon 2020 and Connecting Europe Facility programmes. It is, therefore, appropriate to redirect part of the funding presently envisaged for those programmes to the benefit of EFSI. __________________ 2 Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013, p. 104). 3 Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348, 20.12.2013, p. 129).
Amendment 35 #
2015/0009(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) To ensure accountability to European citizens, the EIB should regularly report to the European Parliament and the Council on the progress and impact of the EFSI and its complementarity with other instruments and programmes.
Amendment 37 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
The Commission shall concludebe empowered to adopt delegated acts in accordance with Article 20a concerning an agreement with the European Investment Bank (EIB) on the establishment of a European Fund for Strategic Investments ('EFSI').
Amendment 44 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The purpose of the EFSI shall be to support investments that create growth and jobs in the Union and to ensure increased access to financing for companies having up to 3000 employees, with a particular focus on small and medium enterprises, through the supply of risk bearing capacity to the EIB ('EFSI Agreement').
Amendment 45 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The purpose of the EFSI shall be to support investments in the Union and to ensure increased access to financing for companies having up to 3000 employees, with a particular focus on small and medium enterprises, and innovative enterprises, through the supply of risk bearing capacity to the EIB ('EFSI Agreement').
Amendment 53 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Amendment 54 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Amendment 59 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
The Investment Committee shall be composed of six independent experts and the Managing Director. Independent experts shall have a high level of relevant market experience in project finance andstructuring and project financing. The Investment Committee shall have expertise in different sectors, with a particular focus on research and development, energy, ICT and transport. It shall be appointed by the Steering Board for a renewable fixed term of three years.
Amendment 60 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 3 a (new)
Article 3 – paragraph 5 – subparagraph 3 a (new)
The Investment Committee shall be accountable to the Steering Board of the EFSI, which shall supervise the achievement of the EFSI's objectives, but when implementing the guidelines adopted by the Steering Board, the Investment Committee shall not take instructions from the EIB, the Member States, other EU institutions or any other body.
Amendment 61 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The EU guarantee shall be granted for EIB financing and investment operations approved by the Investment Committee referred to in Article 3(5) or funding to the EIF in order to conduct EIB financing and investment operations in accordance with Article 7(2). The investment operations concerned shall be complementary to existing EU programmes, bring EU added value, be consistent with Union policies and support any of the following general objectives:
Amendment 62 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The EU guarantee shall be granted for EIB financing and investment operations approved by the Investment Committee referred to in Article 3(5) or funding to the EIF in order to conduct EIB financing and investment operations in accordance with Article 7(2). The EFSI shall target projects with a higher risk profile than existing EIB and Union instruments or programmes so as to ensure additionality over existing operations. The operations concerned shall be consistent with Union policies and support any of the following general objectives:
Amendment 67 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) development of infrastructure, including in the areas of transport, particularly in industrial centres; energy, in particular energy interconnections and the synchronisation of energy systems; and digital infrastructure;
Amendment 75 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point e
Article 5 – paragraph 2 – subparagraph 1 – point e
(e) providing financial support for the companies referred to in Article 1(1), including working capital risk financing, as appropriate in relation to the different stages of development of those companies.
Amendment 90 #
2015/0009(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The EIB shall notify OLAF promptly and provide it with the necessary information when, at any stage of the preparation, implementation or closure of operations subject to the EU guarantee, it has grounds to suspect that there is a potential case of conflict of interests, fraud, corruption, money laundering or other illegal activity that may affect the financial interests of the Union.
Amendment 95 #
2015/0009(COD)
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in Article 1(1) shall be conferred on the Commission for an indeterminate period of time. 3. The delegation of power referred to in Article 1(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 1(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 173 #
2015/0009(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The EIB should regularly evaluate activities supported by the EFSI with a view to assessing their relevance, performance and impact, notably as regards their social and economic impact, paying particular attention to job creation, and to identifying aspects that could improve future activities. Such evaluations should contribute to accountability and analysis of sustainability.
Amendment 252 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3
Article 3 – paragraph 3 – subparagraph 3
No decision of the Steering Board shall be adopted if the Commission or the EIB votes against it. When this occurs, the reasons for the vote against shall be stated before the members of the Board.
Amendment 1 #
2014/2256(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the appoincommitment of twohe Commissioners who will work on further developing the EU digital agenda and, including copyright issues in the course of the new Commission mandate; welcomes the Commission Work Programme for 2015 insofar as it promises to deliver a Digital Single Market Package which includes the objective of modernising copyright rules;
Amendment 6 #
2014/2256(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the appointment of two Commissioners who will work on further developing the EU digital agenda and copyright issues in the course of the new Commission mandate; welcomes the Commission Work Programme for 2015 insofar as it promises to deliver a Digital Single Market Package which includes the objective of modernising copyright rules to make them fit for the digital age;
Amendment 10 #
2014/2256(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that Directive 2001/29/EC (Infosoc Directive) was adopted in 2001 and that the digital use of material subject to copyright has changed and dramatically increased since then; highlights the need for the Commission to respond to technological developments and adapt current laws to economic realities;
Amendment 11 #
2014/2256(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights the fact that legislative differences in Member States cause legal uncertainties hindering the creation of Digital Single Market and cross-border accessibility of copyright content;
Amendment 14 #
2014/2256(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Recognises the need for more harmonisation at the European Union level in order to improve free movement of services and products based on creative content;
Amendment 17 #
2014/2256(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that copyright and related rights play an important role, as they protect and stimulate both the development and marketing of new products and services and the creation and exploitation of their creative content, thereby contributing to improved competitiveness, employment and innovation across several industry sectors in the EU, therefore any harmonisation of copyright must be taken at a high level of protection;
Amendment 19 #
2014/2256(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that copyright and related rights can play an important role, if they acknowledge the changes of behaviours of users, as they protect and stimulate both the development and marketing of new products and services and the creation and exploitation of their creative content, thereby contributing to improved competitiveness, employment and innovation across several industry sectors in the EU;
Amendment 24 #
2014/2256(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recognises the need to ensure appropriate remuneration and to protect the rights of all categories of right holders in a better way; recalls that while the cultural and creative industries (CCI) employ more than seven million people and contribute 4.5% of EU GDP annually,are a significant source of employment, and according to the European Parliament's Cost of Non-Europe study 223 000 jobs will be created by the digital single market by 2020 and that even though the services, technologies and options permitting the general public to access creative works grow every day, the earnings of right holders in the CCI sector keep decreasing;
Amendment 25 #
2014/2256(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recognises the need to ensure appropriate remuneration and to protect the rights of all categories of right holders in a better way; recalls that while the cultural and creative industries (CCI) employ more than seven million people and contribute 4.5% of EU GDP annually, and that even though the services, technologies and options permitting the general public to access creative works grow every day, the earnings of right holders in the CCI sector keep decreasing; notes that effective system for the protection of copyright is necessary to ensure the return of the investment required to produce copyright works;
Amendment 37 #
2014/2256(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the fact that Member States’ provisions on copyright and related rights vary considerably, and that the exclusivity which copyright grants its owner is, in principle, limited to the territorial boundaries of the Member State where the right has been granted, which leads to market fragmentation and major divergences in enforcement across the EU;
Amendment 48 #
2014/2256(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that territorial fragmentation may require users aspiring to offer content- related services across the EU to secure multiple licenses; emphasises the fact that differences in limitations and exceptions create additional legal costs and legal uncertainty; recalls that consumers may be denied access to certain content services on geographical grounds; therefore urges the Commission to propose adequate solutions for the better cross-border accessibility to copyright content for consumers;
Amendment 56 #
2014/2256(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes, therefore, the adoption of Directive 2014/26/EU on collective rights management and multi-territorial licensing of rights, and believes that implementation of this directive will lead to a clearer set of EU-wide standards resulting in a faster and more flexible licensing infrastructure; notes however that fragmentation still remains and further legislative action is required, including harmonisation of exceptions, which are necessary for the completion of the digital single market;
Amendment 65 #
2014/2256(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Urges the Commission to promote a flexible and balancpose an harmonised framework for exceptions and limitations that does not cause any harm to right holders and, that conforms with consumer expectations, that fosters both creativity and innovation, and adapts to the technology advances in the digital environment; emphasises the important role that exceptions and limitations agreed on for public-interest reasons, for the purpose of education and teaching, play in providing access to knowledge as well as in encouraging cultural and societal participation; urges the Commission and the Member States to consider e-books as part of public lending schemes, provided that all necessary agreements with the relevant right holders have been reached beforehand;
Amendment 76 #
2014/2256(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Welcomes the structured stakeholder dialogue ‘'Licenses for Europe’', launched by the Commission in 2013; believes that relevant stakeholder engagement and sharing of best practices is essential if a more homogenous implementation of copyright laws across the EU is to be reached; calls the Commission to monitor and report on the implementation of the Licenses for Europe' pledges;
Amendment 35 #
2014/2241(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Urges the Member States and the Commission to simplify administrative procedures and taxation systems, taking into account specific challenges to SMEs in the tourism sector, to facilitate compliance in light of the rise of the sharing economy, and to ensure that the regulatory framework fosters innovation;
Amendment 54 #
2014/2241(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the need to have a more coordinated approach among Member States and more regional cooperation in tourism-related policy areas, such as innovation, transport, taxation, service quality and the visa regime, while respecting the principle of subsidiarity; highlights, in particular, the potential of regional cooperation to simultaneously create added value for multiple Member States;
Amendment 77 #
2014/2241(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that the providers of tourism services should provide consumers with accurate information andensure that the information given to consumers regarding such services is accurate and comprehensible, and that consumers are not mislead or misinform them.ed;
Amendment 5 #
2014/2151(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines that IPRs are not just copyrights, but trademarks and patents, among others, and each of these is vital to the values of Europe's goods and services;
Amendment 9 #
2014/2151(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the need for Commission's actions on IPR enforcement to be adapted to the growth of the Digital Single Market and to address both digital and physical IPR infringement equally; notes that increasingly counterfeit and IPR infringing physical goods are traded and sold via online marketplaces, where Member States authorities have limited abilities to control sales; stresses the need to enrol marketplace platform owners in all efforts to enforce IPRs, including efforts towards the removal of counterfeit goods and the banning of sellers from their sites;
Amendment 36 #
2014/2151(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Welcomes any potential actions on due diligence throughout the supply chain which leads to fewer IP infringing goods; stresses that such actions must be targeted in nature, without creating additional administrative burdens on the average trader, and flexible as IP infringers move from one product to another to avoid controls;
Amendment 5 #
2014/2059(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to use the opportunity presented by the mid-term review of the Europe 2020 Strategy and the revision of the Integrated Guidelines to strengthen the role of the Single Market, in cluding the ever growing importance of the digital agenda, in growth, innovation and jobs;
Amendment 9 #
2014/2059(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the shift in the 2014 country- specific recommendations to strengthening growth and employment, but calls for more determined efforts to guide and coordinate national and EU policies so as to complete the Single Market and reap its potential to boost growth and create jobs, especially unleashing opportunities of the digital economy;
Amendment 32 #
2014/2059(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that a strong injection of EU funding is fundamental in orderefficient use of EU funding is important to stimulate the real economy and to foster recovery in all Member States; supports the Commission’s recommendation to give priority to public investment in infrastructure, research, innovation and human capital;
Amendment 39 #
2014/2059(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Shares the Commission’s concerns about the increasing number of multinational companies that are using corporate tax strategies to reduce or evade their global tax burden by taking advantage of mismatches between tax systems; stresses that better and stronger tax coordination is needed in order to ensure a level playing field and to avoid unfair competition and detrimental distortions within the Single Market;
Amendment 50 #
2014/2059(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Emphasises that the European Semester is a great opportunity to urge Member States to step up their efforts towards the Digital Single Market which not only means more growth and jobs, especially in the SMEs sector and among young people, but also a future-oriented modern EU;
Amendment 53 #
2014/2059(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes that Member States have to step up their efforts to modernise their public administrations, by providing more and better digital services for citizens and businesses, reducing costs and enhancing efficiency, and facilitating cross border cooperation and interoperability of public administrations; highlights that the proper and quick implementation of EU public procurement and concessions legislation would provide a great opportunity to modernise public administration, at both government and local levels, by enhancing the quality and effectiveness of public spending and investment.
Amendment 46 #
2014/0185(COD)
Proposal for a decision
Recital 9
Recital 9
(9) Interoperability has been a key factor to success in the area of Customs, Taxation and excise duties, in operating trans- European ICT systems spanning all Member States supporting interoperable business services funded by the Fiscalis 2013 and Customs 2013 programmes, implemented and operated by the Commission and national administrations. Assets created under Fiscalis 2013 and Customs 2013 programmes are available for sharing and re-use from other policy areas. In addition, Member States have committed themselves, in the Council Conclusions on the Governance forum of the Customs Union, to develop a strategy of jointly managed and operated IT systems in all customs-related areas.
Amendment 50 #
2014/0185(COD)
Proposal for a decision
Recital 18
Recital 18
(18) At political level, the Council has repeatedly called for even greater interoperability in Europe and for continued efforts to modernise European public administrations. In particular, on 24 and 25 October 2013, the European Council adopted conclusions stressing that the modernisation of public administrations should continue through the swift implementation of services such as e- government, e-health, e-invoicing and e- procurement, which rely on interoperability. The commitment of Member States is essential to ensure the rapid deployment of an interoperable e- society in Europe and the involvement of public administrations in encouraging the use of online procedures.
Amendment 55 #
2014/0185(COD)
Proposal for a decision
Recital 23
Recital 23
(23) Solutions established or operated under the present ISA2 Programme should, as far as possible, form part of a consistent environment of services facilitating interaction between European public administrations, enterprises and citizens, and ensuring, facilitating and enabling cross-border or cross-sector interoperability. To facilitate this interaction, Member States should continue to modernise their administrations by improving business processes and ICT infrastructures.
Amendment 56 #
2014/0185(COD)
Proposal for a decision
Recital 23 a (new)
Recital 23 a (new)
(23a) For the ISA2 Programme to have a real added value at European level, the "once only" principle, for the registration of relevant data, and the "digital by default" and "open data" principles, should be key pillars of the implementation of the Programme, as part of a comprehensive strategy to build the digital environment for the delivery of public services in Europe.
Amendment 58 #
2014/0185(COD)
Proposal for a decision
Recital 24
Recital 24
(24) Citizens and enterprises should also benefit from common, re-usable and interoperable front-office services resulting from better integration of processes and exchange of data through the European public administrations’ back-offices. The "once only" principle, for supplying data only once to public administrations, should be promoted to reduce the administrative burden on citizens and businesses. In addition, in order for citizens to have trust in e-services, solutions to provide secure communication through, in particular, e- authentication and encryption should be promoted.
Amendment 60 #
2014/0185(COD)
Proposal for a decision
Recital 25
Recital 25
(25) The ISA2 Programme should bis one of the many instruments for the encouragement of public-sector modernisation in the Union.
Amendment 61 #
2014/0185(COD)
Proposal for a decision
Recital 26
Recital 26
(26) The lack of interoperability often undermines the implementation of digital end-to-end services and the development of one-stop shops for businesses and citizens. Interoperability is directly connected with, and dependent on the use of, open standards and common specifications. The ISA2 Programme should promote and, where appropriate, support the partial or full standardisation of existing interoperability solutions. This should be achieved in cooperation with other standardisation activities at Union level, European standardisation organisations and other international standardisation organisations.
Amendment 69 #
2014/0185(COD)
Proposal for a decision
Recital 30
Recital 30
(30) National, regional and local administrations can be supported in their endeavours through specific instruments under the European Structural and Investment Funds (ESIF). Close cooperation under the ISA2 Programme should maximise the benefits expected from such instruments by ensuring that funded projects are aligned with the Union- wide interoperability frameworks and specifications such as the EIF.
Amendment 77 #
2014/0185(COD)
Proposal for a decision
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The ISA2 Programme shall develop interoperability solutions autonomously or complement and support other Union initiatives by pilosuggesting interoperability solutions as a solution incubatoto the ISA2 Committee, either for by ensuring their sustainability asdeveloping new solutions or to help implement a solution bridge.
Amendment 81 #
2014/0185(COD)
Proposal for a decision
Article 1 – paragraph 4
Article 1 – paragraph 4
4. The ISA2 programme succeeds the Union programme on interoperability solutions for public administrations established by Decision No 922/2009/EC (hereinafter referred to as ‘the ISA programme’) and shall consolidate, promote and expand its activities, where such solutions have been identified as being useful, cost-efficient and in demand.
Amendment 82 #
2014/0185(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘interoperability’ means the ability of disparate and diversefferent organisations to interact towards mutually beneficial and agreed common goals, involving the sharing of information and knowledge between the organisations, through the business processes they support, by means of the exchange of data between their respective information and communication technology (ICT) systems;
Amendment 85 #
2014/0185(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Amendment 86 #
2014/0185(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 90 #
2014/0185(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 12 a (new)
Article 2 – paragraph 1 – point 12 a (new)
(12a) 'European public administrations' means public administrations at EU, national, regional and local levels.
Amendment 93 #
2014/0185(COD)
Proposal for a decision
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) the identification of legislation gaps that hamper cross-border and cross-sector interoperability between European public administrations;
Amendment 97 #
2014/0185(COD)
Proposal for a decision
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 101 #
2014/0185(COD)
Proposal for a decision
Article 4 – paragraph 1 – point b – indent 2
Article 4 – paragraph 1 – point b – indent 2
– user-centricitya focus on the user;
Amendment 103 #
2014/0185(COD)
Proposal for a decision
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) be extensible and applicable to other business or policy areas; and, in particular through implementation of open data principles;
Amendment 106 #
2014/0185(COD)
Proposal for a decision
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
Amendment 107 #
2014/0185(COD)
Proposal for a decision
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The phases of specific projects shallmay be defined and specified at the time when the action is included in the rolling work programme. It should be possible to terminate a project at any point, should it no longer be needed or considered effective.
Amendment 108 #
2014/0185(COD)
Proposal for a decision
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In the implementation of the ISA2 Programme, due considerasolutions shall be given toonly be developed if they are fully in line with the European Interoperability Strategy, the European Interoperability Framework and their future updates.
Amendment 110 #
2014/0185(COD)
Proposal for a decision
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In the implementation of the ISA2 Programme, due consideration shall be given to the European Interoperability Strategy, the European Interoperability Framework and their future updates. The implementation of the ISA2 Programme shall also contribute to the implementation of the digital single market strategy of the Commission.
Amendment 111 #
2014/0185(COD)
Proposal for a decision
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Involvement of the largest possible number of Member States in a project shall be encouraged. Member States shall be able, and encouraged, to join a project at any stage. If no Member States are involved in a project, that project shall be terminated.
Amendment 117 #
2014/0185(COD)
Proposal for a decision
Article 6 a (new)
Article 6 a (new)
Article 6a Selection Criteria Actions to be funded under the ISA2 Programme shall fall into one of the following three categories: a) the development, establishment and improvement of common frameworks and generic tools; b) the development, establishment and improvement of common services; c) interoperability solutions taken over by the ISA2 Programme for developing new solutions or to help implement a solution. The action shall be in accordance with at least one of the Programme's objectives, as laid down in Article 1. Interoperability solutions shall be in accordance with existing or new European standards or publicly available specifications for information exchange and service integration. Interoperability solutions shall be in accordance with the guidance set by the e- Government Expert Group, the European Interoperability Strategy, the European Interoperability Framework, and the European Statistics Code of Practice, and their future updates, as well as with other groups, as agreed by the ISA2 Committee.
Amendment 118 #
2014/0185(COD)
Proposal for a decision
Article 6 b (new)
Article 6 b (new)
Article 6b Prioritisation For an action to be initiated under the ISA2 Programme, a specific user need or area of the market not already being explored must have been identified. There must also have been a clear demonstration of how the action will meet that need, in accordance with the activities laid down in Article 3. The rolling working programme shall take into account the extent to which the general principles laid down in Article 4 are being met.
Amendment 119 #
2014/0185(COD)
Proposal for a decision
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
The rolling work programme shall identify, prioritise, document, select, design, implement and evaluatecover the actions referred to in Article 5, as well as promote their results.
Amendment 120 #
2014/0185(COD)
Proposal for a decision
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The inclusion of actions in the rolling work programme shall be subject to compliance with a set of rules and admission criteriaselection criteria, as set out in Article 6a, before being included in the rolling work programme. The actions of the rolling work programme shall be prioritised in accordance with Article 6b. Those rules and criteria and any amendments thereof shall be an integral part of the rolling work programme.
Amendment 121 #
2014/0185(COD)
Proposal for a decision
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Interoperability solutions taken over by the ISA2 Programme as ‘solution incubator’ or as ’solution bridge’either for developing new solutions or to help implement a solution shall be funded by the Programme until they are taken over by other programmes or initiatives.
Amendment 127 #
2014/0185(COD)
Proposal for a decision
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The evaluations shall also examine the benefits of the actions to the Union for the advancement of common policies, identify areas for potential improvement and verify synergies with other Union initiatives in the area of cross-border or cross-sector interoperability and the modernisation, simplification and efficiency of European public administrations.
Amendment 7 #
2014/0120(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Part I of this Directive takes over the provisions of Directive 2009/102/EC as regards all single-member limited liability companies. It requires that in case all shares come to be held by a single shareholder, its identity should be disclosed to the public by the entry in the register. This Directive also provides that decisions taken by the single shareholder exercising the power of the general meeting as well as the contracts between the shareholder and the company should be recorded in writing and kept in digital format, unless they relate to contracts concluded under market conditions in the ordinary course of business.
Amendment 8 #
2014/0120(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Establishing single-member limited liability companies as subsidiaries in other Member States entails costs due to the diverse legal and administrative requirements which must be met in the Member States concerned. Such divergent requirements continue to exist among Member States and create barriers for companies, in particular SMEs, to establish and operate cross-border.
Amendment 16 #
2014/0120(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to facilitate the cross-border activities of SMEs and the establishment of single-member companies as subsidiaries in other Member States, the costs and administrative burdens involved in setting- up these companies should be reduced. The Commission should actively promote entrepreneurship by creating schemes for financing the set-up of the new single- member companies with at least 1000 EUR.
Amendment 21 #
2014/0120(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The availability of a harmonised legal framework governing the formation of single-member companies, including the establishment of a uniform online template for the articles of association should contribute to the progressive abolition of restrictions on freedom of establishment as regards the conditions for setting up subsidiaries in the territories of Member States and lead to a reduction in costs.
Amendment 41 #
2014/0120(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to make it easier and less costly to establish subsidiaries in other Member States, the online registration of SUPs should be ensured. In such case, the payment of the consideration in cash should be required. The founders of SUPs should not be obliged to be physically present before any Member State’s registration body. The register should be accessible from any Member State and a company founder should be able to make use of existing points of single contact created under Directive 2006/123/EC of the European Parliament and of the Council19 as a gateway to national on-line registration points. It should, therefore, be possible to establish SUPs from distance and fully by electronic means. __________________ 19 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 48 #
2014/0120(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In line with the recommendations set out in the European Commission’s 2011 Review of the Small Business Act21 to reduce the start-up time for new enterprises, SUPs should receive the certificate of registration in the relevant register of a Member StaMember States should ensure that the registration process is completed within three working days. This facility should only be available to the newly created companies and not to existing entities that wish to convert to SUPs as the registration of such entities by their very nature, may take more time. __________________ 21 COM(2011) 78 final, 23.2.2011. COM(2011) 78 final, 23.2.2011.
Amendment 81 #
2014/0120(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. The coordination measures provided for inPart 1 of this Directive shall apply to the laws, regulations and administrative provisions of the Member States relating to:
Amendment 106 #
2014/0120(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘single-member company’ means a company with limited liability whose shares are held by a single person;
Amendment 107 #
2014/0120(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Decisions taken by the single-member exercising powers referred to in paragraph 1 shall be recorded in writing and kept in a digital format. Records of decisions taken shall be kept for at least five years.
Amendment 108 #
2014/0120(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Contracts between the single-member and the company shall be recorded in writing and kept in a digital format. Records of such contracts shall be kept for at least five years.
Amendment 117 #
2014/0120(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Part I of this Directive takes over the provisions of Directive 2009/102/EC as regards all single-member limited liability companies. It requires that in case all shares come to be held by a single shareholder, its identity should be disclosed to the public by the entry in the register. This Directive also provides that decisions taken by the single shareholder exercising the power of the general meeting as well as the contracts between the shareholder and the company should be recorded in writing and kept in digital format, unless they relate to contracts concluded under market conditions in the ordinary course of business.
Amendment 118 #
2014/0120(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall provide that the single-member shall not be liable for any amount exceeding the subscribed share capital, without prejudice to other provisions on liability laid down in national law.
Amendment 120 #
2014/0120(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Establishing single-member limited liability companies as subsidiaries in other Member States entails costs due to the diverse legal and administrative requirements which must be met in the Member States concerned. Such divergent requirements continue to exist among Member States and create barriers for companies, in particular SMEs, to establish and operate cross-border.
Amendment 121 #
2014/0120(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The SUP, and its articles of association, shall be governed by the national law of the Member State where the SUP is registered (hereinafter ‘applicable national law’) in order to comply with this Directive.
Amendment 121 #
2014/0120(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In line with the Europe 2020 strategy, the Review of the Small Business Act for Europe18 advocated further progress in making smart regulation a reality, enhancing market access and promoting entrepreneurship, innovation, job creation and inclusive growth. __________________ 18 COM(2011) 78 final, 23.2.2011.
Amendment 122 #
2014/0120(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to foster more entrepreneurship in Europe and to facilitate the cross-border activities of SMEs and the establishment of single- member companies as subsidiaries in other Member States, the costs and administrative burdens involved in setting- up these companies should be reduced and the rules for businesses on the internal market of the Union should be simplified.
Amendment 123 #
2014/0120(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to facilitate the cross-border activities of SMEs and the establishment of single-member companies as subsidiaries in other Member States, the costs and administrative burdens involved in setting- up these companies should be reduced. The Commission should actively promote entrepreneurship by creating funding schemes, offering new SMEs a grant of 1000 EUR to help with the setting up costs, with the cost of these grants being offset by reductions in other areas of the Union budget.
Amendment 125 #
2014/0120(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The availability of a harmonised legal framework governing the formation of single-member companies, including the establishment of a uniform online template for the articles of association should contribute to the progressive abolition of restrictions on freedom of establishment as regards the conditions for setting up subsidiaries in the territories of Member States and lead to a reduction in costs.
Amendment 128 #
2014/0120(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Single-member private limited liability companies formed and operating in compliance with Part 2 of this Directive should add to their names a common, easily identifiable abbreviation – SUP (Societas Unius Personae).
Amendment 137 #
2014/0120(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to make it easier and less costly to establish subsidiaries in other Member States, the online registration of SUPs should be ensured. In such case, the payment of the consideration in cash should be required. The founders of SUPs should not be obliged to be physically present before any Member State's registration body. The register should be accessible from any Member State and a company founder should be able to make use of existing points of single contact created under Directive 2006/123/EC of the European Parliament and of the Council19 as a gateway to national on-line registration points. It should, therefore, be possible to establish SUPs from distance and fully by electronic means. __________________ 19 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 138 #
2014/0120(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In line with the recommendations set out in the European Commission's 2011 Review of the Small Business Act21 to reduce the start-up time for new enterprises, SUPs should receive the certificate of registration in the relevant register of a Member StaMember States should ensure that the registration process is completed within three working days. This facility should only be available to the newly created companies and not to existing entities that wish to convert to SUPs as the registration of such entities by their very nature, may take more time. __________________ 21 COM(2011) 78 final, 23.2.2011. COM(2011) 78 final, 23.2.2011.
Amendment 141 #
2014/0120(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that an SUP may be formed by the conversion of the types of companies listed in Annex I subject to compliance with the applicable national law.
Amendment 144 #
2014/0120(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 144 #
2014/0120(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. The coordination measures provided for inPart 1 of this Directive shall apply to the laws, regulations and administrative provisions of the Member States relating to:
Amendment 149 #
2014/0120(COD)
Proposal for a directive
Article 2 – point 1
Article 2 – point 1
(1) ‘single-member company’ means a company with limited liability whose shares are held by a single person;
Amendment 153 #
2014/0120(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Decisions taken by the single-member exercising powers referred to in paragraph 1 shall be recorded in writing and kept in a digital format. Records of decisions taken shall be kept for at least five years.
Amendment 154 #
2014/0120(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Contracts between the single-member and the company shall be recorded in writing and kept in a digital format. Records of such contracts shall be kept for at least five years.
Amendment 158 #
2014/0120(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall provide that the single-member shall not be liable for any amount exceeding the subscribed share capital, without prejudice to other provisions on liability laid down in national law.
Amendment 159 #
2014/0120(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall require that the articles of association of the SUP shall cover at least the subject matters provided for in paragraph 2. Member States shall ensure online registration of an SUP with the uniform template of articles referred to in paragraphs (2) and (3).
Amendment 160 #
2014/0120(COD)
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
The uniform template of articles of association shall cover the questions of formation, shares, share capital, organisation, representation towards third parties, accounts and the dissolution of an SUP.
Amendment 160 #
2014/0120(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The SUP, and its articles of association, shall be governed by the national law of the Member State where the SUP is registered (hereinafter ‘applicable national law’) in order to comply with this Directive.
Amendment 163 #
2014/0120(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that an SUP may be formed by the conversion of the types of companies listed in Annex I subject to compliance with the applicable national law.
Amendment 164 #
2014/0120(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 168 #
2014/0120(COD)
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. In addition to the information contained in the articles of association, Member States may only require for the registration of an SUP the following information or documentation:
Amendment 171 #
2014/0120(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall require that the articles of association of the SUP shall cover at least the subject matters provided for in paragraph 2.
Amendment 172 #
2014/0120(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 a (new)
Article 11 – paragraph 1 – subparagraph 1 a (new)
Member States shall ensure online registration of an SUP with the uniform template of articles referred to in paragraphs 2 and 3.
Amendment 174 #
2014/0120(COD)
Proposal for a directive
Article 13 – paragraph 1 – point h
Article 13 – paragraph 1 – point h
Amendment 175 #
2014/0120(COD)
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
The uniform template of articles of association shall cover the questions of formation, shares, share capital, organisation, representation towards third parties, accounts and the dissolution of an SUP.
Amendment 184 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 4 – subparagraph 1 – introductory part
Article 14 – paragraph 4 – subparagraph 1 – introductory part
National on-line registration web-sites shall include links to the registration web- sites in other Member States. Member States shall ensure that the following templates are used for on-line registrationonline registration with the following templates:
Amendment 184 #
2014/0120(COD)
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. In addition to the information contained in the articles of association, Member States may only require for the registration of an SUP the following information or documentation:
Amendment 187 #
2014/0120(COD)
Proposal for a directive
Article 13 – paragraph 1 – point h
Article 13 – paragraph 1 – point h
Amendment 188 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 4 – subparagraph 2
Article 14 – paragraph 4 – subparagraph 2
Member States shall issue a certificate of registration confirming that the registration procedure has been completed. The certificate of registration shall be issued no later thaensure that the registration procedure is completed within three working days from the receipt of all the necessary documentation by the competent authority.
Amendment 199 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure that the registration procedure for newly incorporated SUPs may be completed electronically in its entirety without it being necessary for the founding member to appearequiring the need of a physical presence of the founder before any authority in the Member State of registration (on-line registration).
Amendment 201 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 4 – subparagraph 1 – introductory part
Article 14 – paragraph 4 – subparagraph 1 – introductory part
4. National on-line registration web-sites shall include links to the registration web- sites in other Member States. Member States shall ensure that the following templates are used for on-line registrationonline registration with the following templates:
Amendment 203 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 4 – subparagraph 2
Article 14 – paragraph 4 – subparagraph 2
Member States shall issue a certificate of registration confirming that the registration procedure has been completed. The certificate of registration shall be issued no later thaensure that the registration procedure is completed within three working days from the receipt of all the necessary documentation by the competent authority.
Amendment 204 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Member States shall not make the registration of an SUP conditional on obtaining any licence or authorisation. The registratis is without prejudice to provisions of the SUP, all documents provided during the process of registration and subsequent changes to them,national law that make carrying out certain activities after registration conditional on obtaining license or authorisations. These activities shall be dlisclosted in the relevant register of companies immediately afternational on-line registration websites.
Amendment 213 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Member States shall not make the registration of an SUP conditional on obtaining any licence or authorisation. The registratis is without prejudice to provisions of the SUP, all documents provided during the process of registration and subsequent changes to them,national law that make carrying out certain activities after registration conditional on obtaining a licence or authorisation. These activities shall be dlisclosted in the relevant register of companies immediately afternational on-line registration websites.
Amendment 214 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 6 – subparagraph 1 a (new)
Article 14 – paragraph 6 – subparagraph 1 a (new)
The registration of the SUP, all documents provided during the process of registration and subsequent changes to them, shall be disclosed in the relevant register of companies immediately after registration.
Amendment 221 #
2014/0120(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 224 #
2014/0120(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 225 #
2014/0120(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. AMember States shall ensure that an SUP may, on the basis of a recommendation from the management body, make a distribution to the single- member provided that it complies with paragraphs 2 and 3.
Amendment 225 #
2014/0120(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. AMember States shall ensure that an SUP may, on the basis of a recommendation from the management body, make a distribution to the single- member provided that it complies with paragraphs 2 and 3.
Amendment 226 #
2014/0120(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Member States shall ensure that any distributions paid out contrary to Article 18(2) or (3) are refunded to the SUP, where it is established thatand all damages resulting from such distribution shall be compensated to the interested parties that were effected, by the single- member that knew, or, in view of the circumstances, ought to have known that the distribution would be contrary to Article 18(2) or (3).
Amendment 230 #
2014/0120(COD)
Proposal for a directive
Article 19
Article 19
Member States shall ensure that any distributions paid out contrary to Article 18(2) or (3) are refunded to the SUP, where it is established thatand all damages resulting from such distribution shall be compensated to the interested parties that were effected, by the single- member that knew, or, in view of the circumstances, ought to have known that the distribution would be contrary to Article 18(2) or (3).
Amendment 241 #
Amendment 242 #
2014/0120(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
Member States shall provide for penaltiesanctions applicable to infringements of the national provisions adopted to implement this Directive and shall take all the measures necessary to ensure that those penaltiesanctions are enforced. The penaltiesanctions provided for shall be effective, proportionate and dissuasive.
Amendment 242 #
Amendment 243 #
2014/0120(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
Member States shall provide for penaltiesanctions applicable to infringements of the national provisions adopted to implement this Directive and shall take all the measures necessary to ensure that those penaltiesanctions are enforced. The penaltiesanctions provided for shall be effective, proportionate and dissuasive.
Amendment 244 #
2014/0120(COD)
Proposal for a directive
Article 30 a (new)
Article 30 a (new)
Article 30a Review By [2 years after the date of transposition of this Directive], the Commission shall review the operation of this Directive, in particular, in the light of the development of the Digital Single Market, as regards options to extend the scope to companies with more than one shareholder, and present a legislative proposal if appropriate.
Amendment 3 #
2014/0000(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
– having regard to its resolution of 15 October 2014 on the European Semester for economic policy coordination: implementation of 2014 priorities,
Amendment 42 #
2014/0000(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Believes that the ownership of the CSR by national parliaments needs to be strengthened; calls on the Commission to provide the possibility to present the CSRs in the national parliaments before their adoption by the Council;
Amendment 43 #
2014/0000(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Reiterates its request that the Commission reports on a quarterly basis in Parliament's competent committee on the measures takes to ensure progress on the implementation of the CSRs and on the progress achieved thus far; invites Member States to explain the reasons for non-compliance with the CSRs in Parliament's competent committee;
Amendment 60 #
2014/0000(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is greatly concerned by the persistent uncertaintyfall of private investorsments in Europe, their lack of confidence of private investors and their reluctance to invest, in particular as a consequence of productivity standards witha lack of structural reforms, of a pro-growth EU strategy as well as persisting Single Market fragmentation;
Amendment 69 #
2014/0000(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes the view that completing the Digital Single Market is crucial to stimulating growth and, creating employment in the European economy and keeping the European digital sector competitive in world markets;
Amendment 71 #
2014/0000(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Regrets the fact that the lack of national and European investment in broadband networks is impeding the achievement of the priority goals and objectives in the key area of the digital market;
Amendment 78 #
2014/0000(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the completion of the Digital Single Market could generate additional GDP growth of 4.0 % over the period up to 2020 and supports new; believes that investment in broadband infrastructure and the deployment of new technologies, such as 4G is crucial for the development of digital solutions as they rely on fast and effective connections; considers the adoption of the EU’s general data protection framework and the Network and Information Security Directive as essential for the completion of the Digital Single Market by 2015;
Amendment 85 #
2014/0000(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines that there is a clear need to update EU Single Market rules for the digital era, establishing ato complete the single area for online payments, develop e-solutions Europe-wide, such as e-invoicing, protectingreform of intellectual property rights and clarifying VAT requirements, in order to generate trust in e-commerce and affordguarantee adequate protection to EU consumers online;
Amendment 88 #
2014/0000(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines that there is a clear need to update EU Single Market rules for the digital era, establishing a single area for online payments, digital signature, e- invoicing, protecting intellectual property rights and clarifying VAT requirements, in order to generate trust in e-commerce and afford adequate protection to EU consumers online;
Amendment 90 #
2014/0000(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Believes that Member States have to step up their efforts to modernise their public administrations providing more and better accessible digital services for citizens and businesses, reducing costs and enhancing efficiency, facilitating cross-border cooperation and implementing interoperability frameworks for public administrations;
Amendment 147 #
2014/0000(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Takes into account the Digital Agenda Scoreboard as an important tool to evaluate the progress made by Member States in this field; believes that the composite index to measure the Single Market gap should incorporate the Digital Agenda Scoreboard;
Amendment 157 #
2014/0000(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. UNotes that proper implementation and enforcement of EU legislation is crucial for the completion of the Single Market; therefore calls on the Commission to make determined use of all its powers to reach this goal and urges the Member States and the Commission to step up their efforts to enforce Single Market legislation and to monitor this enforcement, inter alia through regular EU inspection sweeps;
Amendment 75 #
2013/0402(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
(1) ‘trade secret’ means undisclosed know- how and business information which meets all of the following requirements:
Amendment 91 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful whenever carried out intentionally or with gross negligence by:
Amendment 103 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The use or disclosure of a trade secret shall be considered unlawful whenever carried out, without the consent of the trade secret holder, intentionally or with gross negligence, by a person who is found to meet any of the following conditions:
Amendment 106 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) is in breach of a confidentiality agreement or any other duty to maintain secrecylimit the use or disclosure of the trade secret;
Amendment 107 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) is in breach of a contractual or any other duty to limit the use or disclosure of the trade secret.
Amendment 113 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The conscious and deliberate production, offering or placing on the market of infringing goods, or import, export or storage of infringing goods for those purposes, shall be considered an unlawful use of a trade secret, when the person carrying out such activities knew, or should, under the circumstances, have known that the trade secret was used unlawfully.
Amendment 132 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) for the purpose of revealing an applicant’s misconduct, wrongdoing or illegal activity, provided that the alleged acquisition, use or disclosure of the trade secret was necessary for such revelation and that the respondent acted in the public interest;
Amendment 139 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d