Activities of Axel VOSS related to 2018/0112(COD)
Legal basis opinions (0)
Amendments (16)
Amendment 100 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Business users should be granted full control over their own intellectual property rights. Providers of online intermediated services should make use of these rights only upon explicit consent of the business user. The terms of use of such rights should be adhered to. The intellectual property rights of third parties should also be respected.
Amendment 110 #
Proposal for a regulation
Recital 25
Recital 25
(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand including whether the case was brought in good faith with a reasonable prospect of success. To that aim, the mediator should suggest which proportion is reasonable in the individual case. However, that proportion should never be less than half of those costs.
Amendment 261 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. The obligations set out in paragraph 2 of this Article shall not apply to complaints brought by business users reasonably determined by the relevant online intermediation service provider as being abusive, spurious or vexatious.
Amendment 267 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints thatwhich could not be resolved by means of the internal complaint-handling system referred to in Article 9.
Amendment 271 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.
Amendment 277 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services shall in any case bear at least half of the total cost.
Amendment 280 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Providers of online services shall not be obliged to engage in mediation with any business user it reasonably determines is a repeat infringer, including any business user who has brought repeated unsuccessful mediation claims.
Amendment 283 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. OAfter all the other options to settle a dispute between a platform and a business user provided for in this regulation in Article 9 and Article 10 have been exhausted, organisations and associations that have a genuine long- standing and legitimate interest in representing business users or in representing corporate website users and that are authorised and supervised by appropriate Member State public bodies, as well as public bodies set up in Member States, shall have the right to take action before national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non- compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this Regulation.
Amendment 288 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Organisations or associations shall have the right referred to in paragraph 1 only where, at the time of bringing the action, theyand for the duration of the action, they continue to meet all of the following requirements:
Amendment 293 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a
Article 12 – paragraph 2 – subparagraph 1 – point a
(a) they are properly constituted according to the law of a Member State; and hold a current qualified entity licence issued by the relevant public body of that Member State.
Amendment 296 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) they pursue objectives that are in the collective interest of the group of a majority of business users or corporate website users that they represent, which group must consist of at least 10 independent business users or corporate website users;
Amendment 300 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c
Article 12 – paragraph 2 – subparagraph 1 – point c
(c) they are of a non-profit making character. and are transparent about the source of funding for bringing and continuing the action and can demonstrate that they have sufficient financial resources to represent the best interests of their business or corporate website users and to meet any adverse costs should the action fail;
Amendment 305 #
(ca) they comply with all codes of ethics and conduct of the public body issuing their licence, and demonstrably act in accordance with the wider public interest;
Amendment 309 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
In Member States where such public bodies have been set up, those public bodies shall have the right referred to in paragraph 1, and shall be entitled to issue the required licence to an organisation or association, where they are charged with defending the collective interests of business users or corporate website users or with ensuring compliance with the requirements laid down in this Regulation, in accordance with the national law of the Member State concerned.
Amendment 312 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 a (new)
Article 12 – paragraph 2 – subparagraph 2 a (new)
Where a Member State public body issues a qualified entity licence to an organisation or association, that public body shall be responsible for regularly reviewing the status and conduct of that organisation or association to ensure that it is complying with the requirements of this Article. The Member State public body shall immediately revoke the qualified entity licence of any organisation or association found to not to be in compliance with the requirements of this Article.
Amendment 327 #
2. It shall apply from [date: sixtwelve months following the day of its publication].