Activities of Olga SEHNALOVÁ related to 2016/0152(COD)
Plenary speeches (1)
Geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment (debate) CS
Amendments (10)
Amendment 89 #
Proposal for a regulation
Recital 1
Recital 1
(1) In order to realise the objective of ensuring good functioning of the internal market, as an area without internal frontiers in which the free movement of inter alia goods and services is ensured, it is not sufficient to abolish, as between Member States, only State barriers. Such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms. That occurs where traders operating in one Member State block or limit the access to their online interfaces, such as websites and apps, of customers from other Member States wishing to engage in cross-border commercial transactions (a practice known as geo-blocking). It also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other Member States, both online and offline. Whereas there may sometimes be objective justifications for such differential treatment, in other cases traders deny consumers wishing to engage in cross- border commercial transactions access to goods or services, or apply different conditions in this regard, for purely commercial reasons.
Amendment 107 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation aims at preventing discrimination based on customers' nationality, place of residence or place of establishment, including geo-blocking, in cross-border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the Unioninternal market. It seeks to address direct as well as indirect discrimination, thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers' nationality, place of residence or place of establishment. Such other criteria can be applied, in particular, on the basis of information indicating the physical location of customers, such as the IP address used when accessing an online interface, the address submitted for the delivery of goods, the choice language made or the Member State where the customer's payment instrument has been issued.
Amendment 145 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 192 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) This Regulation should apply also to cases where a trader advertises a product as being the same in several Member States but at the same time deliberately reduces the quality of that product in some of these countries compared to others.
Amendment 237 #
Proposal for a regulation
Recital 30
Recital 30
(30) With a view to facilitating the effective enforcement of the rules laid down in this Regulation, the mechanisms to ensure cross-border cooperation among competent authorities provided for in Regulation (EC) No 2006/2004 of the European Parliament and of the Council30 should also be available in relation to those rules. However, as Regulation (EC) No 2006/2004 only applies with respect to laws that protect consumers' interests, those measures should be available only when the customer is a consumer. Regulation (EC) No 2006/2004 should therefore be amended accordingly. __________________ 30 Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation) (OJ L 364, 9.12.2004, p. 1).
Amendment 251 #
Proposal for a regulation
Recital 35
Recital 35
(35) This Regulation respects fundamental rights and observes the principle recognised in the Charter of Fundamental Rights of the European Union. In particular this Regulation seeks to ensure full respect of Articles 16, 17 and 1738 thereof,
Amendment 319 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The traders shall not, for reasons related to the nationality, place of residence or place of establishment of the customer, redirect custo redirect the consumers to a version of theirits online interface that is different from the online interface which the custoonsumer originally sought to access, by virtue of its layout, use of language or other characteristics that make it specific to custoonsumers with a particular nationality, or place of residence or place establishment, unless the custoonsumer gives his or her explicit consent prior to such redirection.
Amendment 327 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
In the event of such redirection with the custoonsumer's explicit prior consent, the original version of the online interface the consumer originally sought to access shall remain easily accessible for that custoonsumer.
Amendment 339 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where athe trader blocks or limits access of custothe consumers to an online interface or redirects custothe consumers to a different version of the online interface in compliance with paragraph 4, the trader shall provide a clear and explicit justification. That justification shall be given in the language of the online interface that the custoonsumer originally sought to access.
Amendment 369 #
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) where trader advertises a product as being the same in several Member States.