Activities of Josianne CUTAJAR related to 2020/2018(INL)
Opinions (1)
OPINION with recommendations to the Commission on Digital Services Act: Improving the functioning of the Single Market
Amendments (22)
Amendment 3 #
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas throughout the transport and tourism online platform ecosystem, a limited number of companies dominate the market, functioning as gatekeepers which set high entry to market barriers stifling competition and thereby limiting options for consumer;
Amendment 4 #
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas digital online platforms in the transport sector are labour intensive and typically rely on a non-standard workforce whose conditions of employment, representation and social protection remain unclear and disadvantaged; whereas policy responses to this issue has remained so far unsatisfactory both at EU and Member State level;
Amendment 11 #
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Takes note of the important role played in the past two decades by the e- Commerce Directive in helping develop transport and tourism platforms in the European Digital Single Market;
Amendment 13 #
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the scope of the definition of information society services provided for in the e-Commerce directive has been the subject tof a rich case-law by the European Court of Justice, especially regarding online platforms in the transport and short-rentals sectors, and hence needs to be clarifian updated and clear scope of the definition is needed;
Amendment 15 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Points out that online platforms in the transport and tourism sectors have been widely welcomed by users and triggered an increase in demand, which led to efficiency improvements in the way those services are provided; notes on the other hand that the developments in the market have resulted in legal, economic, and social questions.
Amendment 16 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Highlights that the unprecedented crisis trigged by the Covid-19 pandemic has greatly increased the demand for digital services and reinforced the need for the EU to strengthen its digital sovereignty; believes in this regard that the new regulatory framework should play a key role in this new context and strike the right balance between small and big platforms, for the former to become more digital and for the latter to become more responsible.
Amendment 17 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Recalls that the absence of clear, transparent and up-to-date rules for online platforms in the field of transport and tourism has resulted in market fragmentation and uncertainty which damages businesses and constitutes a deterrent for newcomers entering the market;
Amendment 21 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to clarify the liability of Transport and Tourism platforms; invites the Commission to set a uniform obligation for platforms to verify the legality of the service offered and the service provider and to act on illegal content, through a legally binding Notice and Action procedure. Highlights that following notification, in case of inaction by the platform, an effective, dissuasive and proportionate sanction mechanism should be put in place;
Amendment 28 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Draws attention to the very specific nature of content on transport and tourism platforms compared to other sectors, which needs to be compliant with precise criteria. Calls for a sector-specific EU-coordinated effort involving all stakeholders to agree on sets of criteria, in line with Single Market rules, necessary to offer a service on a platform with the objective of facilitating cooperation and boosting business opportunities.
Amendment 40 #
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the importance of establishing a European Authority tasked, among other things, with overseeing the online platform market and facilitating data sharing and redress for consumers, with offices for Ttransport and Ttourism.
Amendment 46 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to enhance the relationship between stakeholders and local authorities in the Short-Term Rental market and mobility services., with the objective of sharing best practices to improve the ease of doing business in the EU
Amendment 51 #
Draft opinion
Paragraph 5
Paragraph 5
5. Draws attention to the importance of data access in the platform economy; highlights the vital role data plays for local governments in enforcing and developing policies in the fields of Ttransport and Ttourism; Welcomes the Commission’s mobility data space proposal and its data strategy for the public good;
Amendment 55 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the need to promote data exchanges, digitisation and big data on transport and logistics platforms in the interests of greater efficiency in the organisation and management of freight and passenger flows and in the use of infrastructures and resources; calls on the Commission to coordinate these platforms at EU level to improve supply chain visibility, real-time traffic management and cargo flows, as well as simplifying and reducing TEN-T administrative formalities, especially along cross-border sections;
Amendment 57 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Urges the Commission to devise a data sharing policy that is secure for all stakeholders and preserves competition across the transport market. Highlights the work of the Digital Transport Logistics Forum on "Federated Platforms" focused on identifying the needs of both the public and private sector. Underlines the essential role data sharing will have in supporting European SME’s development and their innovation drive, and in deploying a Europe wide Intelligent Transport System (ITS) network aligned with road safety and environmental objectives of the Union;
Amendment 60 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Draws attention to the potential Mobility as a Service (MaaS) platforms hold in digitalizing, automating and decarbonizing EU mobility.Calls on the Commission to evaluate the deployment of balanced MaaS systems and allow for a degree of control by local governments on such systems to prevent monopolies and guarantee the enforcement of relevant laws and policies. .
Amendment 61 #
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to build on the P2B Regulation1a to limit the dominance of market giants in the Ttransport and Ttourism sector; stressehighlights the urgency for the Commission to establish well defined criteria regarding “"size”" of platforms. Denounces the worrying problem of preferencing and self-preferencing on online search engines for the tourism platform market, which creates a shopping bias and can lead to monopolies in the sector. _________________ 1aRegulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57).
Amendment 65 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Emphasises the need for the Commission to address the current regulatory Internal Market fragmentation; stresses the need in ensuring that no free rider effect takes place in platform’s investment; Underlines the urgency of reviewing the current framework conditions, particularly in the area of competition law to avoid oligopolistic market situations and ensuring that the pricing interface between platforms to consumer and business to platforms is fair. Supports ecosystems that promote a level playing field for innovators, businesses, and new market entrants, in particular SMEs and start-ups.
Amendment 69 #
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to come up with a comprehensive framework to align the working conditions of platform workers in line with those of regular employees; /standard workers to benefit fully from job creation and innovation opportunity of platform work in the transport sector; welcomes in this regard the new Directive on Transparent and Predictable Working Conditions2a and the Council Recommendation on Access to social protection for workers and the self- employed2b; calls on the Commission to closely monitor the enforcement of the acquis in this area. _________________ 2aDirective (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105–121). 2bCouncil Recommendation of 8 November 2019 on access to social protection for workers and the self - employed 2019/C 387/01 (OJ C 387, 15.11.2019, p. 1–8).
Amendment 76 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes the International Labour Organisation’s call for the establishment of an international governance system requiring platform holders to respect certain minimum rights and protections and regulating the use of data and algorithmic accountability in the world of work. Recalls the fundamental right for workers of all categories enshrined in the EU Charter of Fundament Rights to take collective action to defend their interests.
Amendment 77 #
Draft opinion
Paragraph 8
Paragraph 8
8. Emphasizes the need for transparency ion Ttransport and Ttourism platforms, specifically on algorithms affecting service, pricing, and advertising. Calls for the implementation of the existing acquis and for further and clearer rules, in transport and tourism platforms on compulsory information to consumers on the rationale behind the personalization of prices and offers, especially when made by automatic decision making software, and the reasons behind the ranking of services they are presented with, for them not to be misled or have information omitted.
Amendment 86 #
Draft opinion
Paragraph 9
Paragraph 9
9. Highlights the need for online platforms in Ttransport and Ttourism to promote sustainability through their services, also in line with the European Green Deal. by including environmentally friendly alternatives in their standard interface.
Amendment 96 #
Draft opinion
Paragraph 9 d (new)
Paragraph 9 d (new)
3d. Underlines the serious impact of the COVID-19 crisis on the EU tourism industry; calls on the Commission to set up an EU platform for the exchange of data and information between operators in the tourism value chain, including workers and SMEs and local, regional and national authorities, together with other European and international organisations and stakeholders at European and international level, with the aim of establishing good EU crisis management and prevention procedures for the tourism industry and promoting sustainable, intelligent and innovative tourism;