18 Amendments of Sergio GUTIÉRREZ PRIETO related to 2016/0152(COD)
Amendment 43 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on addressing unjustified 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 (Text with EEA relevance)
Amendment 47 #
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. According to analyses carried out, removing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market could contribute to a 1.1 % expansion in market size and an, on average, -0.5 % to -0.6 % fall in prices.
Amendment 62 #
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 Union; the activities referred to in Article 2(2) of Directive 2006/123/EC are excluded from the scope of its application. 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 of language made or the Member State where the customer's payment instrument has been issued.
Amendment 87 #
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. Studies have shown that removing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market could help the market grow by 1.1% and reduce prices by an average of between 0.5% and 0.6%.
Amendment 100 #
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 Union; the activities referred to in Article 2(2) of Directive 2006/123/EC shall be excluded from the scope of its application. 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 113 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Regulation shall not affect acts of 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) 1215/2012. The mere fact that a trader guarantees access to his online interface irrespective of the customer’s nationality or place of residence shall not be construed as the trader directing his business of selling goods or providing services at the Member State in which the customer resides, unless there are additional factors proving the trader’s intention of directing his business activities at said Member State.
Amendment 117 #
Proposal for a regulation
Recital 6
Recital 6
(6) Considering that some regulatory and administrative barriers for traders have been removed across the Union in certain services sectors as a result of the implementation of Directive 2006/123/EC, in terms of material scope, consistency should be ensured between this Regulation and Directive 2006/123/EC. As a consequence, the provisions of this Regulation should apply inter alia to non- audio-visual electronically supplied services, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, subject however to the specific exclusion provided for in Article 4 and the subsequent evaluation of that exclusion as provided for in Article 9. Audio-visual services, including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses, are excluded from the scope of this Regulation. Access to retail financial services, including payment services, should therefore also be excluded, notwithstanding the provisions of this Regulation regarding non-discrimination in payments.
Amendment 124 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
In the event of such redirection with the customer's explicit consent, the original version of the online interface which the customer initially sought to access shall remain easily accessible for that customer.
Amendment 137 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The mere fact that a trader acts in accordance with the provisions of this Regulation should not be interpreted as a sign that he is directing his activities to the Member State of the consumer within the meaning of Regulation (EC) No 593/2008 and Regulation (EU) No 1215/2012, in accordance with the well established case-law of the Court of Justice of the European Union.
Amendment 249 #
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, 21 and 1738 thereof,
Amendment 283 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. This Regulation shall be without prejudice to the applicable rules on copyright and related rights, in particular Directive 2001/29/EC of the European Parliament and of the Council1a. _______________ 1aDirective 2001/29/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 293 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Regulation shall not affect acts ofbe without prejudice to the applicable Union law concerning judicial cooperation in civil matters. CThe mere 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) 1215/2012. In particular, where a trader, acting in accordance with Articles 3, 4 and 5, does not block or restrict consumer access to his on-line interface, does not redirect him or her to a different version of his on-line interface to which the consumer has sought access originally, irrespective of his or her nationality or place of residence, does not apply different general conditions of access in situations provided for by this Regulation, that trader cannot be regarded, solely on these grounds, as directing its activities to the Member State in which the consumer has his or her habitual residence or domicile.
Amendment 304 #
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) 'general conditions of access' means all terms, conditions and other information, including net sale prices, regulating the access of custoonsumers to goods or services offered for sale by a trader, which are set, applied and made available to the public at large by or on behalf of the trader and which apply in the absence of an individually negotiated agreement between the trader and the custoonsumer;
Amendment 309 #
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) 'online interface' means any software, including all or part of a website and applications, operated by or on behalf of a trader, which serves to give custoonsumers access to the trader's goods or services with a view to engaging in a commercial transaction with respect to those goods or services;
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 359 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) where the trader provides electronically supplied services, 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 sells copyright protected works or protected subject matter in an intangible form;
Amendment 367 #
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 custoonsumer in the premises of the trader or in a physical location where the trader operates, in a Member State other than that of which the custoonsumer is a national or in which the custoonsumer has the place of residencehis or ther place of restablishmentidence.
Amendment 392 #
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 custoonsumer authentication by the payer pursuant to the Directive (EU) 2015/2366; and