Activities of Anneleen VAN BOSSUYT related to 2015/0284(COD)
Plenary speeches (1)
Cross-border portability of online content services in the internal market (debate) NL
Amendments (8)
Amendment 25 #
Proposal for a regulation
Recital 1
Recital 1
(1) Since the sinternalgle market comprises an area without internal frontiers relying, inter alia, on the free movement of services and persons, it is necessary to provide that consumers can use online content services which offer access to content such as music, games, films or sporting events not only in their Member State of residence but also when they are temporarily present in other Member States of the Union travelling for leisure or business. Therefore, barriers that hamper access and use of suchlegally acquired online content services cross border should be eliminated.
Amendment 57 #
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 ensuredpermit cross-border portability of online content services to subscribers that have legally acquired content and that are temporarily present in a Member State other than that of their Member State of residence within the European Union, whilst maintaining, and in accordance with, the principle of territoriality.
Amendment 74 #
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should apply only to online content services which subscribers can effectively access and use in their Member State of residence in which they habitually reside without being limited to a specific location, as it is not appropriate to require service providers that do not offer portable services within their home countryMember State of residence of the subscriber to do so across borders.
Amendment 99 #
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. 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. Providers of online content services should provide subscribers advance notification concerning any variation in the quality that may be delivered or experienced when accessing content in a Member State other than the Member State of residence. Such information could be provided on the provider's website.
Amendment 139 #
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 theexercise the option to comply with the regulation. Providers of online content services against the payment of money are able to authenticate the Member State of residence of their subscriber's Member State of residenceat the time of the initial subscription but also to ascertain whether usage is internal or external of the Member State of residence, as demonstrated by automated and anonymous geo-blocking practices, without infringing upon consumer privacy. Therefore, it does not impose any disproportionate costs,.
Amendment 141 #
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approach to ensuring that subscribers to legally acquired online content services in the Union, when temporarily present in a Member State, can access and use these services other than that of their Member State of residence can access and use these services whilst respecting all the relevant copyright and related rights of the content access and used.
Amendment 156 #
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, established on the basis of Article 3b, where the subscriber has his or her actual and stable residence to which he or she returns to regularly;
Amendment 172 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Temporarily present" means athe transitory presence of a subscriber in a Member State other than the Member State of residence;