27 Amendments of Agnès EVREN related to 2020/0374(COD)
Amendment 124 #
(9) A fragmentation of the internal market can only be effectively averted if Member States are prevented from applying national rules which are specific to the types of undertakings and services covered by this Regulation. At the same time, sNothing in this Regulation precludes the Member States from imposing the same or stricter obligations on undertakings in pursuit of legitimate public interests, in accordance with Union law. Legitimate public interests include, among others, consumer protection, the fight against unfair competition, and the protection of freedom and pluralism. In particular, there is nothing in this Regulation to preclude the Member States from pursuing these legitimate public interests by imposing obligations on undertakings with gatekeeper status in accordance with this Regulation. Since this Regulation aims at complementing the enforcement of competition law, it should be specified that this Regulation is without prejudice to Articles 101 and 102 TFEU, to the corresponding national competition rules and to other national competition rules regarding unilateral behaviour that are based on an individualised assessment of market positions and behaviour, including its likely effects and the precise scope of the prohibited behaviour, and which provide for the possibility of undertakings to make efficiency and objective justification arguments for the behaviour in question. However, the application of the latter rules should not affect the obligations imposed on gatekeepers under this Regulation and their uniform and effective application in the internal market.
Amendment 140 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Where the gatekeeper has a number of core platform services, separate authentication, for example separate user accounts set up for each core platform service, should be possible. It must not be mandatory to combine or link accounts belonging to business or end users.
Amendment 141 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Gatekeepers may also provide ancillary services aimed at end users, alongside their basic services, and do so in a manner that is indistinguishable for the average user. These ancillary services may compete against the professional users of the platform's basic service and be a significant factor in any market imbalance, leading, ultimately, to an unfair increase in the power of the gatekeeper, including with respect to its commercial partners, such as suppliers of goods and services, who depend on this ancillary service. To prevent gatekeepers from unfairly benefiting from the leverage provided by the ancillary services, these services should also be subject to the obligations applicable to core platform services.
Amendment 243 #
Proposal for a regulation
Recital 57
Recital 57
(57) In particularCore platform services provided by gatekeepers, which provide access to software application stores, serve as an important gateway for business users that seek to reach end users. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores, those gatekeepers should not be allowed to impose general conditions, including pricing conditions, that would be unfair or lead to unjustified differentiation. Pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yardstick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by another providers of software application storcore platform services; prices charged or conditions imposed by the provider of the software application store for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application storecore platform services for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application store for the same service the gatekeeper offers to itself. This obligation should not establish an access right and it should be without prejudice to their ability of providers of software application stores to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act].
Amendment 292 #
Proposal for a regulation
Article premier – paragraph 5
Article premier – paragraph 5
5. Member States shall not impose on gatekeepers further obligations by way of laws, regulations or administrative action for the purpose of ensuring contestable and fair markets. This is without prejudice to rules pursuing other legitimate public interests, in compliance with Union law. In particular, nothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union lawpursue a legitimate public interest, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition.
Amendment 319 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
Article 2 – paragraph 1 – point 2 – point h a (new)
(ha) web browsers;
Amendment 323 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h b (new)
Article 2 – paragraph 1 – point 2 – point h b (new)
(hb) voice assistants;
Amendment 351 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23a) 'Web browsers': software applications enabling users of client PCs, mobile devices and other devices to access and interact with web content hosted on servers connected to networks such as the Internet.
Amendment 355 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23 b (new)
Article 2 – paragraph 1 – point 23 b (new)
(23b) 'Voice assistants': a software application that is capable of oral dialogue with a user in natural language and which mediates between end users and professional users providing voice- based apps.
Amendment 435 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. except when disclosing data to third parties commissioned by one or more professional users to perform independent audience measurement with a view to ensuring market share transparency and safeguarding the general and/or public interests;
Amendment 450 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) refrain from directly or indirectly preventing or restricting business and end users from raising issues with any relevant public authority relating to any practice of gatekeepers, including by means of the reporting mechanism for professional and end users pursuant to Article 18a;
Amendment 479 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) refrain from communicating, or using for its own purposes, sensitive information obtained in the context of an advertising service, or from using it for any purpose other than the performance of the service agreement concluded, unless the gatekeeper and its client have agreed otherwise.
Amendment 495 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) refrain from using, in competition with business users, any data not publicly available, which is generated through activities by those business users, including by the end users of these business users, of its core platform services or ancillary services or provided by those business users of its core platform services or by the end users of these business users via the core platform services or ancillary services;
Amendment 500 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) allowinform end users to un-installupon first use of any pre-installed software applications on its core platform service and of the option to un-install them, without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third- parties;
Amendment 509 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating more favourably in rankingor differently in terms of ranking, access or terms of service, or technical features and interfaces, services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of thirdany other party and apply fair and non-discriminatory conditions to such ranking; in terms of ranking, access or terms of service, and technical features and interfaces;
Amendment 518 #
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
Amendment 523 #
(e) refrain from technically restricting the ability of end users to switch between and subscribe to different software applications andcontent or services to be accessed using the operating systemcore platform service of the gatekeeper, including as regards the choice of Internet access provider for end users, or the use of a voice assistant;
Amendment 543 #
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, or third parties authorised by the advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory;
Amendment 550 #
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provide effective portability of data provided or generated through the activity of a business user or end user and shall, in particular, provide tools, foree of charge, to business users and end users to facilitate the exercise of data portability, in line with Regulation EU 2016/679, including by the provision of continuous and real-time access ;
Amendment 557 #
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or non-aggregated data, that is provided for or generated in the context of the use of the relevant core platform servicesor ancillary services offered by the gatekeeper by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ;
Amendment 563 #
Proposal for a regulation
Article 6 – paragraph 1 – point k
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions of access forand treatment to business users of its core platform service, in particular to business users tof its software application store, search engine, online payment service or online social networking service, designated pursuant to Article 3 of this Regulation.;
Amendment 684 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. When the Commission intends to carry out a market investigation in view of the possible adoption of decisions pursuant to Articles 15, 16, 16a and 17, it shall adopt a decision opening a market investigation.
Amendment 717 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Amendment 719 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission may conduct a market investigation with the purpose of examining whether one or more services within the digital sector should be added to the list of core platform services or to detect types of practices that may limit the contestability of core platform services or may be unfair and which are not effectively addressed by this Regulation. It shall issue a public report at the latest within 124 months from the opening of the market investigation.
Amendment 726 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Amendment 785 #
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31a Cooperation with the national competition authorities and their powers 1. The Commission shall ensure that the reports forwarded pursuant to Article 16b of this Regulation are made available to the national competition authorities within the European Competition Network, defined in Article 2(1)(5) of Directive (EU) 2019/1. 2. The Commission shall circulate within the European Competition Network the decisions relating to the opening of a market investigation pursuant to Article 14 or proceedings pursuant to Article 18. The national competition authorities may provide the Commission, on a voluntary basis, with any information deemed helpful and necessary for the purpose of the market investigation carried out pursuant to Articles 15, 16, 16a and 17, and shall provide the Commission with assistance, upon request, in implementing Articles 19, 20 and 21.
Amendment 794 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. When three or more Member States request the Commission to open an investigation pursuant to Article 15 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper4, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation.