46 Amendments of Ivan ŠTEFANEC related to 2018/0112(COD)
Amendment 97 #
Proposal for a regulation
Recital 8
Recital 8
(8) A wide variety of business-to- consumer commercial relations are intermediated online by providers operating multi-sided services that are essentially based on the same ecosystem- building business model. In order to capture the relevant services, online intermediation services should be defined in a precise and technologically-neutral manner. In particular, the services should consist of information society services, which are characterised by the fact that they aim to facilitate the initiating ofe direct transactions between business users and consumers, irrespective of whether the transactions are ultimately concluded either online, on the online portal of the provider of the online intermediation services in question or that of the business user, or offline. In addition, the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers. Such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner, without an express written agreement necessarily being required.
Amendment 104 #
Proposal for a regulation
Recital 9
Recital 9
(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, and any marketplace like functionality of online software applications services and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges or to services where user-generated content is dominant which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.
Amendment 110 #
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 including whether the case was brought in good faith with a reasonable prospect of success. 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 169 #
Proposal for a regulation
Recital 18
Recital 18
(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile telecommunications devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters should be made easily identifiable. Whilst the providers are under no circumstances required to disclose any trade secrets as defined in Directive (EU) 2016/943 of the European Parliament and of the Council23 when complying with this requirement to disclose the main ranking parameters, the description given should at least be based on actual data on the relevance of the ranking parameters used. For the avoidance of doubt, any obligation on online search engines to ensure that the description of the main parameters determining ranking is kept up to date shall not require online search engines to reveal any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 210 #
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 including whether the case was brought in good faith with a reasonable prospect of success. 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 219 #
Proposal for a regulation
Recital 27
Recital 27
(27) Various factors, such as limited financial means, a fear of retaliation and exclusive choice of law and forum provisions in terms and conditions, can limit the effectiveness of existing judicial redress possibilities, particularly those which require business users or corporate website users to act individually and identifiably. To ensure the effective application of this Regulation, organisations, associations representing business users or corporate website users, as well as certain public bodsupervisory authorities set-up in Member States, should be granted the possibility to conduct investigations and take action before national courts. Such action before national courts should aim to stop or prohibit infringements of the rules set out in this Regulation and to prevent future damage that could undermine sustainable business relationships in the online platform economy. In order to ensure that such organisations supervisory associationuthorities exercise that right effectively and in an appropriate manner, they should meet certain criteria. Considering the particular status of the relevant public bodies in Member States where such bodies have been set up, it should only be required that those have been specifically charged, in accordance with the relevant rules of national law, with bringing such actions either in the collective interest of the parties concerned or in the general interest, without there being a need to apply those criteria to such public bodies. Any such actions should in no way affect the rights of the business users and corporate website users to take judicial action on an individual basis.
Amendment 250 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) they allowir primary purpose is to enable business users to offer goods or services to consumers, with a view to facilitating theby initiating of direct transactions between those business users and consumers, irrespective on the online portal of wthere those transactions are ultimately concluded provider of the online intermediation services in question or by direct link to that of the business user;
Amendment 261 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. The obligations set out in paragraph 2 of this Article shall not apply to complaints brought by business users reasonably determined by the relevant online intermediation service provider as being abusive, spurious or vexatious.
Amendment 267 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints thatwhich could not be resolved by means of the internal complaint-handling system referred to in Article 9.
Amendment 271 #
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 277 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Providers of online intermediation services shall 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 280 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Providers of online services shall not be obliged to engage in mediation with any business user it reasonably determines is a repeat infringer, including any business user who has brought repeated unsuccessful mediation claims.
Amendment 283 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. OAfter all the other options to settle a dispute between a platform and a business user provided for in this regulation in Article 9 and Article 10 have been exhausted, organisations and associations that have a genuine long- standing and legitimate interest in representing business users or in representing corporate website users and that are authorised and supervised by appropriate Member State public bodies, 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.
Amendment 288 #
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, theyand for the duration of the action, they continue to meet all of the following requirements:
Amendment 293 #
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; and hold a current qualified entity licence issued by the relevant public body of that Member State.
Amendment 296 #
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, which group must consist of at least 10 independent business users or corporate website users;
Amendment 300 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c
Article 12 – paragraph 2 – subparagraph 1 – point c
(c) they are of a non-profit making character. and are transparent about the source of funding for bringing and continuing the action and can demonstrate that they have sufficient financial resources to represent the best interests of their business or corporate website users and to meet any adverse costs should the action fail;
Amendment 305 #
(ca) they comply with all codes of ethics and conduct of the public body issuing their licence, and demonstrably act in accordance with the wider public interest;
Amendment 309 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
In Member States where such public bodies have been set up, those public bodies shall have the right referred to in paragraph 1, and shall be entitled to issue the required licence to an organisation or association, where they are charged with defending the collective interests of business users or corporate website users or with ensuring compliance with the requirements laid down in this Regulation, in accordance with the national law of the Member State concerned.
Amendment 312 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 a (new)
Article 12 – paragraph 2 – subparagraph 2 a (new)
Where a Member State public body issues a qualified entity licence to an organisation or association, that public body shall be responsible for regularly reviewing the status and conduct of that organisation or association to ensure that it is complying with the requirements of this Article. The Member State public body shall immediately revoke the qualified entity licence of any organisation or association found to not to be in compliance with the requirements of this Article.
Amendment 323 #
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 conditions which are to affect them in a non-negligible and negative manner.
Amendment 327 #
2. It shall apply from [date: sixtwelve months following the day of its publication].
Amendment 343 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligatreasonably believes that to provide the full notice periond which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3. ould: (i) breach the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for the provider or its affiliates; (ii) compromise an investigation;(iii) compromise the operation of the online intermediation service; or (iv) cause harm to any user(s) of the online intermediation service or other third parties.
Amendment 356 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. WSubject to Article 4(3) below, 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 provide the business user concerned, without undue delay, with a statement of reasons for that decision.
Amendment 365 #
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 referencerefer in a proportionate manner 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 373 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. A provider of online intermediation services shall not be obliged to provide a statement of reasons if such provider reasonably believes that to do so would:(i) breach the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for the provider or its affiliates; (ii)compromise an investigation; (iii) compromise the operation of the online intermediation service; or (iv) cause harm to any user(s) of the online intermediation service or other third parties. A provider of online services shall also not be obliged to provide a statement of reasons to any person it reasonably determines is a repeat infringer.
Amendment 383 #
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 parameters.
Amendment 412 #
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 unambiguous language on the online search engines of those providers. They shall keep that description up to date. with regard to material changes that can reasonably be expected to affect corporate website users in a non-negligible and negative manner
Amendment 431 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Providers of online intermediation services and providers of online search engines shall, when complying with the requirements of this Article, (a) not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943 nor any other business sensitive information, disclosure of which could undermine the provider’s competitive advantage. (b) not be required to disclose any information that would be likely to facilitate either the manipulation of results or the deception of consumers.
Amendment 433 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Providers of online intermediation services and providers of online search engines shall, when complying with the requirements of this Article, not be required to disclose any information which is to result in consumer harm following manipulation of ranking by business users or corporate business users.
Amendment 576 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
Amendment 586 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Amendment 596 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. The obligations set out in paragraph 2 shall not apply to complaints brought by business users reasonably determined by the relevant online intermediation service provider as being abusive, spurious or vexatious.
Amendment 605 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users who are small enterprises within the meaning of Article 2 (2) of the Annex to recommendation 2003/361/EC on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that which, could not be resolved by means of the internal complaint-handling system referred to in Article 9.
Amendment 625 #
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 631 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Providers of online intermediation and business users services 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 647 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Providers of online services shall not be obliged to engage in mediation with any business user it reasonably determines is a repeat infringer, including any business user who has brought repeated unsuccessful mediation claims.
Amendment 655 #
1. OAfter all the other options to settle a dispute between a platform and a business user provided for in this regulation in Article 9 and Article 10 have been exhausted, organisations and associations that have a genuine long- standing and legitimate interest in representing business users or in representing corporate website users and that are authorised and supervised by appropriate Member State public bodies, 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.
Amendment 665 #
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 668 #
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; and hold a current qualified entity licence issued by the relevant public body of that Member State.
Amendment 672 #
(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, which group must consist of at least [10] independent business users or corporate website users;
Amendment 677 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c
Article 12 – paragraph 2 – subparagraph 1 – point c
(c) they are of a non-profit making character. and are transparent about the source of funding for bringing and continuing the action and can demonstrate that they have sufficient financial resources to represent the best interests of their business or corporate website users and to meet any adverse costs should the action fail;
Amendment 682 #
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 codes of ethics and conduct of the public body issuing their licence, and demonstrably act in accordance with the wider public interest;
Amendment 687 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
In Member States where such public bodies have been set up, those public bodies shall have the right referred to in paragraph 1,and shall be entitled to issue the required licence to an organisation or association, where they are charged with defending the collective interests of business users or corporate website users or with ensuring compliance with the requirements laid down in this Regulation, in accordance with the national law of the Member State concerned.
Amendment 688 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 a (new)
Article 12 – paragraph 2 – subparagraph 2 a (new)
Where a Member State public body issues a qualified entity licence to an organisation or association, that public body shall be responsible for regularly reviewing the status and conduct of that organisation or association to ensure that it is complying with the requirements of this Article. The Member State public body shall immediately revoke the qualified entity licence of any organisation or association found to not to be in compliance with the requirements of this Article.
Amendment 722 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. It shall apply from [date: six24 months following the day of its publication].