15 Amendments of Lambert van NISTELROOIJ related to 2015/0284(COD)
Amendment 37 #
Proposal for a regulation
Recital 3
Recital 3
(3) Consumers increasingly enter into both paid and non-paid contractual arrangements with service providers for the provision of online content services. However, consumers that are temporarily present in another Member State of the Union often cannot access and use the online content services that they have acquired the right to use in their home country.
Amendment 56 #
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. Open cross-border access is not the objective of this Regulation. Therefore, cross-border portability should be distinguished from open cross-border access.
Amendment 61 #
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 with no additional costs to consumers.
Amendment 126 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) A provider who established the Member State of residence in accordance with this Regulation should be able to assume, for the purposes of this Regulation, that the verified Member State of residence is the only Member State of residence of the subscriber.
Amendment 128 #
Proposal for a regulation
Recital 23 b (new)
Recital 23 b (new)
(23b) Verification means may include sampling of IP address instead of constant monitoring of location. Precise location data should not be collected, since this is not relevant for the purpose of verifying the Member State of residence of the subscriber.
Amendment 129 #
Proposal for a regulation
Recital 23 c (new)
Recital 23 c (new)
(23c) In order to take into account technological developments, 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 amending the list of effective means for the verification of the subscriber's Member State of residence. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the 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.
Amendment 135 #
Proposal for a regulation
Recital 26
Recital 26
(26) Contracts under which content is licensed are usually concluded for a relatively long duration. Consequently, and in order to ensure that all consumers residing in the Union can enjoy the cross- border portability feature of online content services on an equal basis in time and without any undue delay, this Regulation should also apply to contracts concluded and rights acquired before the date of its application if they are relevant for the cross-border portability of an online content service provided after that date, with no additional costs to consumers. This is also necessary in order to ensure a level playing field for service providers operating in the internal market, especially important for start-ups and SME's, and by enabling providers who concluded contracts with rights holders for a long duration to offer cross-border portability to their subscribers, independently of the provider's possibility to renegotiate such contracts. Moreover, this provision should ensure that when service providers make arrangements necessary for the cross- border portability of their services, they will be able to offer such portability with regard to the entirety of their online content. Finally, it should also allow right holders not having to renegotiate their existing licensing contracts in order to enable the offering of the cross-border portability of services by providers.
Amendment 149 #
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approach to ensuring that subscribers to online content services in the Union, when temporarily present in a Member State, can access and use these services with no additional costs.
Amendment 191 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) The provider of an online content service shall enable a subscriber who is temporarily present in a Member State to access and use the online content service with no additional costs.
Amendment 205 #
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
Amendment 224 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) Any contractual provisions including those between holders of copyright and related rights, those holding any other rights relevant for the use of content in online content services and service providers, as well as between service providers and subscribers which are contrary to Articles 3(1) and 4this Regulation shall be unenforceable.
Amendment 231 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 250 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3 (3b) shall be conferred on the Commission for indeterminate period of time from [date of entry into force of the basic legislative act or any other date set by the co-legislators]. 3. The delegation of power referred to in Article 3(3b) 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 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 on Better Law-Making of 13 April 2016. 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 3(3b) 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.
Amendment 252 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Principle of technology neutrality Consumers shall have the freedom to choose the type of device or technology from among those available on the market in order to access online content.
Amendment 253 #
Proposal for a regulation
Article 7 b (new)
Article 7 b (new)
Article 7b Evaluation Three years after the entry into force of this Regulation the Commission shall assess its implementation and report to the European Parliament and the Council. That report shall include an assessment of the verification of the Member State of residence, and, if necessary, on the need for a review. The report shall assess, in particular, whether or not there has been an increase in the prices charged to consumers. The Commission's report shall be accompanied, if appropriate, by a legislative proposal.