19 Amendments of Marco ZULLO related to 2015/0284(COD)
Amendment 24 #
Proposal for a regulation
Recital 1
Recital 1
(1) SinceThe development of European identity and citizenship is also based on the smooth functioning of the internal market, which comprises an area without internal frontiers relying, inter alia, onwhere the free movement of services and persons, it is necessary tos guaranteed and encouraged. It is therefore necessary to ensure seamless access to online content services throughout the Union by provideing that consumers can use online content services which offer access to content such as music, games, films or sporting events not only in their Member State of residence but also when they are temporarily present in other Member States of the Union for such purposes as leisure, business or study. Therefore, barriers that hamper access and use of such online content services cross border should be eliminated.
Amendment 43 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross- border portability of online content services in the Union and that the cross- border portability can be ensured. In order not to compromise the current financing system of the audio-visual sector, which might cause a loss both in revenues and in the cultural diversity of the offer, this Regulation should not substantially alter the territorial principle. It should not be possible to interpret portability as open cross-border access.
Amendment 51 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In order to avoid both inconsistency with the current rules in the field of taxation and disproportionate administrative burdens, this Regulation should not affect the application of any provision related to taxation.
Amendment 54 #
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should, therefore, apply to online content services that a service provider, after having obtained the relevant rights from right holders in a given territory, provides to its subscribers on the basis of a contract, by any means including streaming, downloading or any other technique which allows use of that content. A registration to receive content alerts or a, mere acceptance of HTML cookies or payment of a universal mandatory fee such as a broadcasting licence fee, should not be regarded as a contract for the provision of online content service for the purposes of this Regulation.
Amendment 57 #
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should apply only to online content services which subscribers can effectively access and use in the Member State in which they habitually reside without being limited to a specific location, as it is not appropriate to require service providers that do not offer portable services in their home country subscriber’s Member State of residence to do so across borders.
Amendment 63 #
Proposal for a regulation
Recital 17
Recital 17
(17) OProviders of online content services which are provided without payment of money are alsoshould have the option to be included in the scope of this Regulation to the extent that providers verify the Member State of residence of their subscribers. Online content services which are provided without the payment of money and whose providers do not verify the Member State of residence of their subscribers should be outside the scope of this Regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs. As concerns verification of the subscribIf they exercise that option, these provider's Member State of residence, information such as a payment of a licence fee for other services provided inshould comply with the same obligations as are laid down in this Regulation for the providers of online content services which are provided against payment of money. Failing to verify the Member State of residence, of the existence of a contract for internet or telephone connection, IP address or other means of authenticsubscribers effectively and therefore not being included in the scope of this Regulation, should be relied upon, if they enablemean that these provider to have reasonable indicators as to the Member State of residence of its subscriberss cannot take advantage of the mechanism mentioned in Article 4 and are therefore unable to provide portability for the content offered.
Amendment 65 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The only criterion for determining where a subscriber is resident for the purposes of this Regulation is the habitual residence of that subscriber. Criteria for determining residence set out in other pieces of legislation should not be used to interpret the concept in this Regulation, unless absolutely necessary.
Amendment 84 #
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. The Regulation enables right holders to require thats the service provider to make use of effective means in order to verify that the online content service is provided in conformity with this Regulation. It is necessary, however, to ensure that the required means of verification and authentication are reasonable and do not go beyond what is necessary in order to achieve this purpose. Examples of the necessary technical and organisational measures may include sampling of IP address instead of constant monitoring of location, transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measures. Considering that for purposes of the verification what matters is not the location, but rather, in which Member State the subscriber is accessing the service, precise location data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required.
Amendment 85 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) For the purposes of this Regulation, a consumer cannot claim his habitual residence in more than one Member State. In order to determine their subscribers’ Member State of residence, providers should rely on a list of verification means which are considered effective and proportionate.
Amendment 87 #
Proposal for a regulation
Recital 23 b (new)
Recital 23 b (new)
(23b) In order to take due account of the needs of industry and consumers, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of the list of means for the verification of the subscriber's Member State of residence. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016¸on Better Law-Making1 a . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 1a * OJ L 123, 12.5.2016, p.1.
Amendment 107 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Temporarily present in a Member State" means a presence of a subscriber in a Member State other than the Member State of residence;
Amendment 117 #
Proposal for a regulation
Article 2 – paragraph 1 – point e – subparagraph 2 – point 2
Article 2 – paragraph 1 – point e – subparagraph 2 – point 2
(2) without payment of money provided that the subscriber's Member State of residence is effectively verified by the provider;
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) The provider of an online content service against payment of money shall enable a subscriber who is temporarily present in a Member State to access and use the online content service.
Amendment 133 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a 1. The provider of an online content service provided without payment of money may decide to allow its subscribers who are temporarily present in a Member State to access the service in accordance with this Regulation. 2. In order for the provisions of this Regulation to be applicable to providers in accordance with paragraph 1, the provider shall verify the subscribers’ Member State of residence as required by this Regulation.
Amendment 135 #
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Amendment 141 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Notwithstanding paragraph 1,The holders of copyright and related rights orand those holding any other rights in the content of online content services may require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with Article 3(1), provided that the required means are reasonable and do not go beyond what is necessary in order to achieve their purposprovided may authorise access, thereby exempting the provider from the verification of the Member State of residence.
Amendment 149 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Three years after the entry into force of this Regulation the Commission shall assess the implementation of this Regulation and submit to the European Parliament and the Council a report on this. The report shall assess, in particular, whether or not there has been a significant variation in the revenues of right holders and prices charged to consumers.
Amendment 151 #
Proposal for a regulation
Article 7 b (new)
Article 7 b (new)
Article 7b Exercise of the delegation 1. The power to adopt delegated acts shall be conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3b(3) shall be conferred on the Commission for an indeterminate period of time from...1 a. 3. The delegation of power referred to in Article 3b(3) 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 on 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. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3b(3) shall enter into force only if no objection has been expressed either by the European Parliament or by 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 of the Council. _________________ 1aDate of entry into force of this Regulation.
Amendment 153 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
It shall apply from [date: 612 months following the day of its publication].