Activities of Felix REDA related to 2016/0152(COD)
Plenary speeches (1)
Geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on addressing geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC PDF (1 MB) DOC (228 KB)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on addressing geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC
Amendments (30)
Amendment 43 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation aims at preventing discrimination based on customers' nationality, 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 and intangible goods 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 customers' nationality, 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 customers, 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 customer's payment instrument has been issued.
Amendment 45 #
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 electronically supplied services and intangible goods, 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, notwithstanding the provisions of this Regulation regarding non- discrimination in payment in respect of which the trader has the rights to use such content for the relevant territories. The inclusion of audio-visual services, including services the main feature of which is the provision of access to broadcasts of sports events is particularly important to conform with consumer expectations.
Amendment 64 #
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should not affect acts of 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, tThe mere fact that a trader 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 applicationwithin the meaning of Article 6(1) of Regulation (EC) No 593/2008, and of Article 17(1)(c) of Regulation (EU) 1215/2012. _________________ 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 69 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) Where a trader directs his activities to a consumer's Member State even when such commercial targeting is not explicitly mentioned by the trader's online interface, consumers should not lose the benefit from Regulation (EC) No 593/2008 and Regulation (EU) 1215/2012, which should remain applicable for the sake of legal certainty, subject to the case- law of the European Court of Justice.
Amendment 101 #
Proposal for a regulation
Recital 19
Recital 19
(19) The second situation is 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, such as social networking services, cloud services, data warehousing services, website hosting and the provision of firewalls. In this case, no physical delivery is required, as the services are being supplied electronically. The trader can declare and pay VAT in a simplified manner in accordance with the rules on VAT Mini-One-Stop-Shop (MOSS) set out in Council Implementing Regulation (EU) No 282/201126 . _________________ 26 Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax (OJ L 77, 23.3.2011, p. 1).
Amendment 104 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation aims at preventing discrimination based on customers' nationality, 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 and intangible goods 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 customers' nationality, 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 customers, 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 customer's payment instrument has been issued.
Amendment 105 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20 a) Finally, the last situation covers services and intangible goods the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter (such as e- books, music, games and software)in respect of which the trader has the rights to use such content for the relevant territories. In this situation, there is no need to register for value added tax ("VAT") in the Member State of the customer, nor arrange for the cross- border delivery of goods.
Amendment 109 #
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 customers in certain territories, for reasons related to the nationality, place of residence or place of establishment of the customer, 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.In addition, laws of Member States may require that electronically supplied services and electronically supplied publications should be able to benefit from the same preferential VAT rate treatment as publications on any means of physical support, in line with Council Directive amending Directive 2006/112/EC, as regards rates of value added tax applied to books, newspapers and periodicals.12a Traders should not be prevented from complying with such laws in as far as necessary. _________________ 12aDirective (EU) 2016/(...) Council Directive amending Directive 2006/112/EC, as regards rates of value added tax applied to books, newspapers and periodicals
Amendment 114 #
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 electronically supplied services and intangible goods, 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, notwithstanding the provisions of this Regulation regarding non- discrimination in payment in respect of which the trader has the rights to use such content for the relevant territories. The inclusion of audio-visual services, including services the main feature of which is the provision of access to broadcasts of sports events is particularly important to conform with consumer expectations.
Amendment 128 #
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 extensapplication of the prohibition of Article 4(1)(b) to electronically supplied services and intangible goods, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, provided that in respect of which the trader has the requisite rightsights to use such content for the relevant territories, with a view to its possible extension to other cases, as well as the development of consumer prices and purchasing power in the Single Market following this Regulation.
Amendment 132 #
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should not affect acts of 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, tThe mere fact that a trader 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 applicationwithin the meaning of Article 6(1) of Regulation (EC) No 593/2008, and of Article 17(1)(c) of Regulation (EU) 1215/2012. __________________ 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 139 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Where a trader directs his activities to a consumer's Member State even when such commercial targeting is not explicitly mentioned by the trader's online interface, consumers should not lose the benefit from Regulation (EC) No 593/2008 and Regulation (EU) 1215/2012, which should remain applicable for the sake of legal certainty, subject to the case- law of the Court of Justice of the European Union.
Amendment 145 #
Proposal for a regulation
Recital 35
Recital 35
(35) This Regulation respects fundamental rights and observes the principle recognised in the Charter of Fundamental Rights of the European Union. In particular this Regulation seeks to ensure full respect of Articles 11, 16 and 17 thereof,
Amendment 157 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation does not apply to the activities referred to in Article 2(2) of Directive 2006/123/EC, with the exception of the activities referred to in Article 2(2) g of Directive 2006/123/EC.
Amendment 164 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Regulation shall not affect acts of Union law concerning judicial cooperation in civil matters. CMere compliance with articles 3, 4, and 5 of 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, unless the existence of other additional elements indicate that the trader directs his or her commercial or professional activities to such Member State.
Amendment 191 #
Proposal for a regulation
Recital 19
Recital 19
(19) The second situation is where the trader provides electronically supplied intangible goods or 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, such as social networking services, cloud services, data warehousing services, website hosting and the provision of firewalls. In this case, no physical delivery is required, as the services are being supplied electronically. The trader can declare and pay VAT in a simplified manner in accordance with the rules on VAT Mini-One-Stop-Shop (MOSS) set out in Council Implementing Regulation (EU) No 282/201126 . __________________ 26 Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax (OJ L 77, 23.3.2011, p. 1).
Amendment 195 #
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(c a) where the trader provides electronically supplied services or intangible goods 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 rights to use such content for the relevant territories.
Amendment 197 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Finally, the last situation covers services and intangible goods the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter (such as e- books, music, games and software) in respect of which the trader has the rights to use such content for the relevant territories. In this situation, there is no need to register for value added tax ("VAT") in the Member State of the customer, nor arrange for the cross- border delivery of goods.
Amendment 203 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
With respect to sales of books, including their electronic version, the prohibition set out in paragraph 1 shall not preclude traders from applying different prices to customers in certain territories in so far as they are required to do so under the laws ofbe without prejudice to specific legislation regarding pricing in their Member States in accordance with Union law.
Amendment 210 #
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 customers in certain territories, for reasons related to the nationality, place of residence or place of establishment of the customer, 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. In addition, laws of Member States may require that electronically supplied publications should be able to benefit from the same preferential VAT rate treatment as publications on any means of physical support, in line with the proposal for a Council Directive amending Directive 2006/112/EC, as regards rates of value added tax applied to books, newspapers and periodicals1a. Traders should not be prevented from complying with such laws in as far as necessary. __________________ 1aCOM(2016)0758, Proposal for a Council Directive amending Directive 2006/112/EC, as regards rates of value added tax applied to books, newspapers and periodicals.
Amendment 212 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 230 #
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 whethera) the application of the prohibition of Article 4(1)(b) should also apply to electronically supplied services or intangible goods, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, provided thatin respect of which the trader has the requisite rightsights to use such content for the relevant territories, with a view to its possible extension to other cases, b) the impact of this regulation on competition and cross-border e-commerce as well as the development of consumer prices in the Single Market.
Amendment 232 #
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 extensapplication of the prohibition of Article 4(1)(b) to electronically supplied services and intangible goods, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, provided that in respect of which the trader has the requisite rightsights to use such content for the relevant territories, with a view to its possible extension to other cases, as well as the development of consumer prices and purchasing power in the single market due to this Regulation.
Amendment 250 #
Proposal for a regulation
Recital 35
Recital 35
(35) This Regulation respects fundamental rights and observes the principle recognised in the Charter of Fundamental Rights of the European Union. In particular this Regulation seeks to ensure full respect of Articles 11, 16 and 17 thereof,
Amendment 281 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation does not apply to the activities referred to in Article 2(2) of Directive 2006/123/EC with the exception of point (g) in Article 2(2) of Directive 2006/123/EC.
Amendment 295 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Regulation shall not affect acts of Union law concerning judicial cooperation in civil matters. CMere compliance with Articles 3, 4, and 5 of 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, unless the existence of other additional elements indicates that the trader directs his or her commercial or professional activities to such Member State.
Amendment 363 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) where the trader provides electronically supplied services or intangible goods 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 rights to use such content for the relevant territories;
Amendment 380 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
With respect to sales of books, including their electronic version, the prohibition set out in paragraph 1 shall not preclude traders from applying different prices to customers in certain territories in so far as they are required to do so under the laws ofbe without prejudice to specific legislation regarding pricing in their Member States in accordance with Union law.
Amendment 409 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 429 #
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: (a) the application of the prohibition of Article 4(1)(b) should also apply to electronically supplied services or intangible goods, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, provided thatin respect of which the trader has the requisite rightsights to use such content for the relevant territories. , with a view to its possible extension to other cases; (b) the impact of this Regulation on competition and cross-border e-commerce as well as the development of consumer prices in the single market.