Activities of Dennis de JONG related to 2016/0152(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on addressing geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC PDF (1 MB) DOC (228 KB)
Amendments (25)
Amendment 98 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) This Regulation aims to clarify Article 20 of Directive 2006/123/EC. It should not be construed as replacing Directive 2006/123/EC, either as regards the scope of that Directive, where this Regulation abides by the same principles, excluding the activities referred to in Article 2(2) of Directive 2006/123/EC from the scope of its application, or as regards its effect, as the application of Directive 2006/123/EC is independent of, and complementary to, that of this Regulation. This Regulation should not restrict the entrepreneurial freedom and freedom of contract as defined in Article 16 of the Charter of Fundamental Rights of the European Union.
Amendment 110 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The non-discrimination provisions in this Regulation regarding access to online interfaces on the basis of customers' residence, do not impose a general obligation on traders to sell their goods or services.
Amendment 136 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
Amendment 147 #
Proposal for a regulation
Recital 12
Recital 12
(12) Both consumers and undertakings should be safeguarded from discrimination for reasons related to their nationality, place of residence or place of establishment when acting as customers for the purposes of this Regulation. However, that protection should not extend to customers purchasing a good or a service for resale, because it would affect widely used distribution schemes between undertakings in a business to business context, such as selective and exclusive distribution, which generally allow for manufacturers to select their retailers, subject to compliance with the rules on competition.
Amendment 265 #
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) where the trader or supplier sells goods, provides services, or seeks to do so, in a Member State other than the Member State in which the customer has the place of residence or the place of establishment;
Amendment 271 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) where the trader or supplier sells goods, provides services, or seeks to do so, in the same Member State as the one in which the customer has the place of residence or place of establishment, but the customer is a national of another Member State;
Amendment 276 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) where the trader or supplier sells goods or provides services, or seeks to do so, in a Member State in which the customer is temporarily located without residing in that Member State or having the place of establishment in that Member State.
Amendment 285 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. This Regulation shall not affect the rules applicable in the field of copyright and neighbouring rights, notably the rules provided for in Directive 2001/29/EC of the European Parliament and of the Council1a. _______________ 1a Directive2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 10).
Amendment 287 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Regulation shall not affect acts ofbe without prejudice to Union law concerning judicial cooperation in civil matters. Compliance with this Regulation shall not be construed as implying that a trader directs his or her activities to the Member State where the consumer has the habitual residence or domicile within the meaning of point (b) of Article 6(1) of Regulation (EC) No 593/2008 and point (c) of Article 17(1) of Regulation (EU) 1215/2012and commercial matters.
Amendment 298 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1a Scope 1. This Regulation does not apply to purely internal situations in which all activities are confined in all respects within a single Member State. 2. This Regulation does not apply to the activities referred to in Article 2(2) of Directive 2006/123/EC. 3. This Regulation shall be without prejudice to the rules applicable to the field of taxation. 4. Insofar as the provisions of this Regulation conflict with the provisions of Article 20(2) of Directive 2006/123/EC, the provisions of this Regulation shall prevail. 5. This Regulation shall not result in an obligation for the trader to bear additional costs in cases where a consumer exercises his right of withdrawal pursuant to Directive 2011/83/EU of the European Parliament and of the Council1a. The necessary costs to bring the goods into conformity do not entail costs of postage or transport which are additional to those costs necessary to deliver the goods as specified in the general conditions of access or as agreed upon. _______________ 1aDirective 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
Amendment 303 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) 'customer' means a consumer who, or an undertaking which, is a national of a Member State or has his or her place of residence or place of establishment in a Member State, and intends to purchase or purchases a good or a service within the Union, other than for resale;
Amendment 313 #
Proposal for a regulation
Article 2 – paragraph 2 – point h a (new)
Article 2 – paragraph 2 – point h a (new)
(ha) 'supplier' means any natural or legal person that supplies goods or services.
Amendment 349 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Traders shall not apply different general conditions of access to their goods or services, for reasons related to the nationality, place of residence or place of establishment of the customer, in the following situations where the customer seeks to:
Amendment 352 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) where the trader sells goods and those goods are not delivered cross-border to the Member State of the customer by the trader or on his or her behalfbuy goods from a trader and those goods are delivered to a location in a Member State to which the trader offers delivery in his general conditions of access or, are collected at a location agreed upon between the trader and the customer in a Member State in which the trader offers such option in his general conditions of access;
Amendment 357 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) where the trader providesreceive electronically supplied services from a trader, other than services the main feature of which is the provision of access to andor use of copyright protected works or other protected subject matter, or the selling of copyright protected works or protected subject matter in an intangible form;
Amendment 365 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) where the trader provides services, other than those covered by point (b), and those services are supplied to the customer in the premises of the trader orreceive services, other than electronically supplied services in a physical location whereithin the trader operates, inerritory of a Member State otwher than that of which the customer is a national or in which the customer has the place of residence or the place of establishmente the trader operates.
Amendment 373 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The prohibition set out in paragraph 1 shall not prevent traders from offering general conditions of access, including sale prices, which differ between Member States or within a Member State and which are offered to customers on a specific territory or to specific groups of customers.
Amendment 385 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. TradersWithin the range of payment means, namely credit transfers, direct debits or a card-based payment instrument of a specific brand and category, traders accept, they shall not, for reasons related to the nationality, place of residence or place of establishment of the customer, the location of the payment account, the place of establishment of the payment service provider or the place of issue of the payment instrument within the Union, apply different conditions ofor payment for any sales of goods or provision of services,transactions where:
Amendment 390 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 393 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the payee can requestidentity of the payer or the validity of the use of the payment instrument is verifiable by strong customer authentication by the payer pursuant to the Directive (EU) 2015/2366; and
Amendment 397 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the payment transactions are in a currency that the payeetrader accepts.
Amendment 416 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Assistance to consuustomers
Amendment 417 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Each Member State shall confer responsibility for providing practical assistance to consumers and traders to a body or bodies in case of a dispute between a consumer and a trader or between traders arising from the application of this Regulation. Each Member State shall designate a body or bodies responsible for that task.
Amendment 419 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The bodies referred to in paragraph 1 shall offer consumers aCommission shall adopt delegated acts setting out the requirements for uniform model forms to file complaints to the bodies referred to in paragraph 1 and in Article 7(1). The Commission shall assist those bodies in developing this model form.[If this amendment is adopted, the text will require further modifications as a corresponding recital and an article on delegation of powers need to be added.]
Amendment 423 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. By [date: twofive years after the entry into force of this Regulation] and every five years thereafter, the Commission shall report on the evaluation of this Regulation to the European Parliament, the Council and the European Economic and Social Committee. That report shall, where necessary, be accompanied by a proposal for an amendment of this Regulation, in light of legal, technical and economic developments.