21 Amendments of Krišjānis KARIŅŠ related to 2015/0284(COD)
Amendment 32 #
Proposal for a regulation
Recital 3
Recital 3
(3) Consumers increasingly enter into 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, which is against the idea of Single Market and smooth, efficient development of EU Digital economy.
Amendment 41 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In the context of infrastructure development, it is noteworthy that the Member States have committed to achieve the targets for minimum download speeds of 30 Mbps by 2020 in order to meet the conditions relating to high connectivity for all.
Amendment 48 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of Digital Single Market Strategy and 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.
Amendment 49 #
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 without additional licensing costs.
Amendment 69 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure the cross-border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service in the Member State of their temporary presence by providing them access to the same content on the same range and number of devices, for the same number of users and with the same range of functionalities as those offered in their Member State of residence. This obligation is mandatory and therefore the parties may not exclude it, derogate from it or vary its effect. Any action by a service provider or a right holder which would prevent the subscriber from accessing or using the service while temporarily present in a Member State, for example restrictions to the functionalities of the service or to the quality of its delivery, would amount to a circumvention of the obligation to enable cross-border portability of online content services and therefore would be contrary to this Regulation.
Amendment 74 #
Proposal for a regulation
Recital 19
Recital 19
(19) Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shall not be liable if the quality of delivery of the service is lower. The service provider should however inform the consumer at the subscription stage of the possible limitation in quality. Nevertheless, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shall be bound by such agreement.
Amendment 75 #
Proposal for a regulation
Recital 19
Recital 19
(19) Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shall not be liable if the quality of delivery of the service is lower than that of a quality of the Member State of residence as technological development vary across the Union. Nevertheless, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shall be bound by such agreement.
Amendment 83 #
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions and the extent of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. The Regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this Regulation. It is necessary, however, to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose. Examples of the necessary technical and organisational measures may include sampling of IP address instead of constant monitoring of location, transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measures. Considering that for purposes of the verification what matters is not the location, but rather, in which Member State the subscriber is accessing the service, precise location data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required.
Amendment 93 #
Proposal for a regulation
Recital 29
Recital 29
(29) Since the objective of this Regulation, namely the adaptation of the legal framework so that cross-border portability of online content services is provided in the Union, cannot be sufficiently achieved by Member States and can therefore, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve its objective. Therefore, this Regulation does not substantially affect the way the rights are licensed and does not oblige right holders and service providers to renegotiate contracts. Moreover, this Regulation does not require that the provider takes measures to ensure the quality of delivery of online content services outside the Member State of residence of the subscriber. Finally, this Regulation does not apply to service providers who offer services without payment of money and who do not verify the subscriber's Member State of residence. Therefore, it does not impose any disproportionate costs, to online content service providers, right holders or end- users
Amendment 94 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 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 other than the Member State of the residence, can access and use these services in the same manner as they can do so when present in their Member State of the residence.
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 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 other than Member State of residence, can access and use these services.
Amendment 101 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) "Member State of residence" means the Member State where the subscriber is habitually residing where he/she returns to after a temporary presence in another country;
Amendment 102 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) "Member State of residence" means the Member State where the subscriber is habitually residing determined and verified during the process of subscription;
Amendment 104 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Temporarily present" means a presence of a subscriber in a Member State other than the Member State of residence, whatever the effective duration of such presence, provided that the Member State of residence was verified in accordance with article 2 - paragraph 1 - point e - subparagraph 2 - point 2;
Amendment 113 #
Proposal for a regulation
Article 2 – paragraph 1 – point e – subparagraph 2 – point 2
Article 2 – paragraph 1 – point e – subparagraph 2 – point 2
(2) without payment of money provided that the subscriber's Member State of residence is verified by the provider based on online declaration by the subscriber on their Member State of residence or the fiscal residence of the subscriber or on the possession of an identity card or billing and postal address or bank details or any other valid document that confirms the subscriber's residence;
Amendment 122 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) The provider of an online content service subject to the payment of money or without payment of money but subject to prior verification of the subscriber's Member State of residence, shall enable a subscriber who is temporarily present in a Member State to access and use the online content service.
Amendment 124 #
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 for which user has a legal subscription.
Amendment 128 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) The provider of an online content service shall informprovide the subscriber with information concerning limitations tof the quality of delivery of the online content service provided in accordance with paragraph 1 prior to providing that service.
Amendment 137 #
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 those between service providers and subscribers which are contrary to Articles 3(1) and 4may have the effect of preventing the application of this Regulation, shall be unenforceable.
Amendment 150 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a The Commission shall, not later than on 3 years review the application of this Regulation and submit a report to the European Parliament and the Council. The Commission should pay particular attention to whether the solutions created and implemented have a positive or a negative impact on development of Digital Single Market.
Amendment 154 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
It shall apply from [date: 612 months following the day of its publication].