Activities of Marie-Christine BOUTONNET related to 2016/0152(COD)
Shadow opinions (1)
OPINION 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
Amendments (98)
Amendment 21 #
Proposal for a regulation
Recital 1
Recital 1
(1) In order to realise the objective of ensuring good functioning ofThe abolition of State barriers under the internal market, has an area without internal fronpushed private partiers 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 Statefaced with unfair competition into needing to find other ways of protecting their industries. When left unprotected by their national authorities, traders operating in one Member State have had to be imaginative in finding ways of blocking or limiting 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 ofCertain traders, keen to preserve their freedom to conduct business, apply different general conditions of access to their goods and services with respect to such customers from other Member States, both online and offline. WThereas there may sometimes b are objective justifications for such differential treatment, in other cases traders deny consumers wishing to engage in cross- border commercial transactions access to goods: while the Internet is a fantastic area of freedom which should be protected, it would be dangerous to disregard both consumer protection and the interests of very small, small and medium-sized enterprises, which have drawn attention to the various risks entailed in ending geo-blocking: the risk that standardisation orf services, or apply different conditions in this regard, for purely commercial reasonsupply could produce higher prices; the fact that many online sales offers are tied to national markets; or even, the fear that abolishing geo-blocking could stop customised sale of content to a local distributor.
Amendment 26 #
Proposal for a regulation
Recital 2
Recital 2
(2) In this manner, certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services, thus restricexercise their freedom to conduct business and employ a principle of territoriality which protects the diversity of industries; setting the rights of customers and preventinggainst themis from benefitting from a wider choice and optimal conditions. Such discriminatory practices are an important factor contrieedom to conduct business would be ill- advised as customers' purchasing power ís intrinsically linked to optimal business conditions. This principle enables local butsing to the relatively low level of cross-border commercial transactions within the Union, including in the sector of electronic commerce, which prevents the full growth potential of the internal market from being realised. Clarifyesses to survive and encourages their transition to digitisation, which is for very many regional areas a factor ing in which situations there can be no justification for differential treatment of this kindnovation and growth. Reaffirmation of this territorial principle should bring clarity and legal certainty for all participants in cross-border transactions and should ensure that rules on non-discrimination can be effectively applied and enforced across the internal market.
Amendment 30 #
Proposal for a regulation
Recital 3
Recital 3
(3) PFursuant tothermore, from a legal viewpoint Article 20 of Directive 2006/123/EC of the European Parliament and of the Council17 ,already exists, compelling Member States are to ensure that service providers established in the Union do not treat recipients of services differently on the basis of their nationality or place of residence. However, that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty, particularly because ofIt should be remembered that this Directive allows for the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice. Moreover, geo-blocking and other forms of discrimination based on nationality, place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries, which fall outside the scope of that Directive. Not only is this legal flexibility beneficial for the parties concerned, particularly businesses, but introducing more restrictive rules could also give rise to legal inconsistency. _________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 36 #
Proposal for a regulation
Recital 4
Recital 4
(4) For the purposes of ensuring the good functioning of the internal market, the targeted measures set out in this Regulation, which provide for a clear, uniform and effective set of rules on a selected number of issues, are therefore requiredThis Regulation is necessary therefore to maintain the principle of territoriality.
Amendment 37 #
Proposal for a regulation
Recital 1
Recital 1
(1) In order to realise the objective of ensuring good functioning ofThe abolition of State barriers under the internal market, has an area without internal fronpushed private partiers 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 barfaced with unfair competition into needing to find other ways of protecting their industriers. 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 Statetripped of the protection afforded by national authorities, traders operating in one Member State have had to be imaginative in finding ways of blocking or limiting 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; certain traders, keen to preserve their freedom to conduct business, apply different general conditions of access to their goods and services with respect to such customers from other Member States, both online and offline. WThereas there may sometimes b are objective justifications for such differential treatment, in other cases traders deny consumers wishing to engage in cross- border commercial transactions access to goods: while the Internet is a fantastic area of freedom which should be protected, it would be dangerous to disregard both consumer protection and the interests of very small, small and medium-sized enterprises, which have drawn attention to the various risks entailed in ending geo-blocking: standardisation orf services, or apply different conditions in this regard, for purely commercial reasonsupply could produce higher prices; the fact that many online sales offers are tied to national markets; or even, the fear that abolishing geo- blocking could stop customised sale of content to a local distributor.
Amendment 39 #
Proposal for a regulation
Recital 2
Recital 2
(2) In this manner, certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services, thus restricexercise their freedom to conduct business and employ a principle of territoriality which protects the diversity of industries; setting the rights of customers and preventinggainst themis from benefitting from a wider choice and optimal conditions. Such discriminatory practices are an important factor contrieedom to conduct business would be ill- advised as customers' purchasing power ís intrinsically linked to optimal business conditions. This principle enables local butsing to the relatively low level of cross-border commercial transactions within the Union, including in the sector of electronic commerce, which prevents the full growth potential of the internal market from being realised. Clarifyesses to survive and encourages their transition to digitisation, which is for very many regional areas a factor ing in which situations there can be no justification for differential treatment of this kindnovation and growth. Reaffirmation of this territorial principle should bring clarity and legal certainty for all participants in cross-border transactions and should ensure that rules on non-discrimination can be effectively applied and enforced across the internal market.
Amendment 41 #
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 establishmentmaintaining the principle of territoriality, including via 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. It seeks to address direct as well as indirect discriminationcknowledge the justification for a certain degree of differential treatment, both direct and indirect, in certain cases, 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 of made or the Member State where the customer's payment instrument has been issued.
Amendment 42 #
Proposal for a regulation
Recital 3
Recital 3
(3) PFursuant tothermore, from a legal viewpoint Article 20 of Directive 2006/123/EC of the European Parliament and of the Council17 ,already exists, compelling Member States are to ensure that service providers established in the Union do not treat recipients of services differently on the basis of their nationality or place of residence. However, that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty, particularly because ofIt should be remembered that this Directive allows for the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice. Moreover, geo-blocking and other forms of discrimination based on nationality, place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries, which fall outside the scope of that Directive. This legal flexibility is not just beneficial for the parties concerned, and businesses in particular, but introducing rules that are more restrictive could bring about legal inconsistency. _________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 45 #
Proposal for a regulation
Recital 4
Recital 4
(4) For the purposes of ensuring the good functioning of the internal market, the targeted measures set out in this Regulation, which provide for a clear, uniform and effective set of rules on a selected number of issues, are therefore requiredThis Regulation is necessary therefore to maintain the principle of territoriality.
Amendment 46 #
Proposal for a regulation
Recital 6
Recital 6
(6) Considering that some regulatory and administrative barriers for traders have already 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 not 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 9these rights aiming notably to maintain and promote cultural diversity and conserve the heritage related thereto. 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 47 #
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 establishmentmaintaining the principle of territoriality, including via 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. It seeks to address direct as well as indirect discriminationcknowledge the justification for differential treatment, both direct and indirect, in certain cases, 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 of made or the Member State where the customer's payment instrument has been issued.
Amendment 50 #
Proposal for a regulation
Recital 6
Recital 6
(6) Considering that some regulatory and administrative barriers for traders have already 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 not 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 9these rights aiming notably to maintain and promote cultural diversity and conserve the heritage related thereto. 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 54 #
Proposal for a regulation
Recital 7
Recital 7
(7) Discrimination can also occur in relation to services in the field of transport, in particular with respect to the sales of tickets for the transport of passengers. However, in that regard Regulation (EC) No 1008/2008 of the European Parliament and of the Council18 , Regulation (EU) No 1177/2010 of the European Parliament and of the Council19 and Regulation (EU) No 181/2011 of the European Parliament and of the Council20 already contain broad prohibitions of discriminations covering all discriminatory practices that the present Regulation seeks to addresstrictly define justified differential treatments. Furthermore, it is intended that Regulation (EC) No 1371/2007 of the European Parliament and of the Council21 will be amended to that effect in near future. Therefore, and in order to ensure consistency with the scope of application of Directive 2006/123/EC, services in the field of transport should remain outside the scope of this Regulation. _________________ 18 Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3). 19 Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, p. 1). 20 Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1). 21 Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
Amendment 54 #
Proposal for a regulation
Recital 7
Recital 7
(7) Discrimination can also occur in relation to services in the field of transport, in particular with respect to the sales of tickets for the transport of passengers. However, in that regard Regulation (EC) No 1008/2008 of the European Parliament and of the Council,18 , Regulation (EU) No 1177/2010 of the European Parliament and of the Council19 and Regulation (EU) No 181/2011 of the European Parliament and of the Council20 already contain broad prohibitions of discriminations covering all discriminatory practices that the present Regulation seeks to addresstrictly define justified differential treatments. Furthermore, it is intended that Regulation (EC) No 1371/2007 of the European Parliament and of the Council21 will be amended to that effect in near future. Therefore, and in order to ensure consistency with the scope of application of Directive 2006/123/EC, services in the field of transport should remain outside the scope of this Regulation. _________________ 18 Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3). 19 Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, p. 1). 20 Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1). 21 Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
Amendment 55 #
Proposal for a regulation
Recital 10
Recital 10
(10) TIt should be ensured that this Regulation shoulddoes not affect acts of Union law concerning judicial cooperation in civil matters, notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in Regulations (EC) No 593/2008 of the European Parliament and of the Council24 and (EU) 1215/2012 of the European Parliament and of the Council25 , including the application of those acts and provisions in individual cases. In particular, the mere fact that a trader acts in accordance with the provisions of this Regulation should not be construed as implying that he directs his activities to the consumer's Member State for the purpose of such application. 24 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6). _________________ 24 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6). 25 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
Amendment 56 #
Proposal for a regulation
Recital 11
Recital 11
(11) The discriminatory practices that this Regulation seeks to addressjustified differential treatments covered by this Regulation typically take place through general terms, conditions and other information set and applied by or on behalf of the trader concerned, as a precondition for obtaining access to the goods or services in question, and that are made available to the public at large. Such general conditions of access include inter alia prices, payment conditions and delivery conditions. They can be made available to the public at large by or on behalf of the trader through various means, such as information published in advertisements, on websites or pre-contractual or contractual documentation. Such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer. Terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this Regulation.
Amendment 59 #
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 RegulationCustomers' purchasing power being linked to businesses' freedom to conduct business, and by extension, to their rights to establish justified differential treatments, they should each be able to claim proportional and equal protection in the event of a dispute. 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 60 #
Proposal for a regulation
Recital 13
Recital 13
(13) The effects for customers and on the internal market of discriminatoryof justified differential treatment in connection to commercial transactions relating to the sales of goods or the provision of services within the Union are the same, regardless of whether a trader is established in a Member State or in a third country. Therefore, and with a view to ensuring that competing traders are subject to the same requirements in this regard, the measures set out in this Regulation should apply equally to all traders operating within theMember States of the European Union.
Amendment 61 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 64 #
Proposal for a regulation
Recital 15
Recital 15
(15) Certain traders operate different versions of their online interfaces, targeting customers from different Member States. While tThis should remain possible, with redirecting a customer from one version of the online interface to another version without his or her explicit consent should be prohibited. All, taking care to inform the customer thereof, being possible. At least one versions of the online interface should remain easily accessible to the customer at all times.
Amendment 65 #
Proposal for a regulation
Recital 16
Recital 16
(16) In certain cases, blocking, limiting of access or redirection without the customer's consent to an alternative version of an online interface for reasons related to the customer's nationality, place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in Union law or in thefirstly, national laws, of Member States in acr secorndance withrily, Union law. Such laws can limit customers' access to certain goods or services, for instance by prohibiting the display of specific content in certain Member States. Traders should not be prevented from complying with such requirements and thus be able to block, limit the access or redirect certain customers or customers in certain territories to an online interface, insofar as that is necessary for that reason.
Amendment 66 #
Proposal for a regulation
Recital 17
Recital 17
(17) In a number of specific situations, any differences in the treatment of customers through the application of general conditions of access, including outright refusals to sell goods or to provide services, for reasons related to the customers' nationality, place of residence or place of establishment cannot bare objectively justified. In those situations, all such discrimination should be prohibited and customerpreferential treatment may be applied and the business should consequently be entitled, under the specific conditions laid down in this Regulation, to engage insubject commercial transactions under the same conditions as a local customer and have full and equalto conditions in view of these objective reasons, and thus potentially restrict access to any of the different goods or services offered irrespective of theiron the basis of the customer's nationality, place of residence or place of establishment. Where necessary, traderMember States should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the customers concerned would be precluded from having such full and equal access. However, the prohibition applicable is freedom of undertakings. Moreover, continuing those situations should not be understood as precludingo ensure that traders fromcan directing their activities at different Member States or certain groups of customers with targeted offers and differing terms and conditions, including through the setting- up of country-specific online interfaces, is essential.
Amendment 67 #
Proposal for a regulation
Recital 18
Recital 18
(18) The first of those situations iIn cases where the trader sells goods and there is no cross-border delivery of thoese goods by or on behalf of the trader to the Member State where the customer resides. In that situation the customer should be ab, the trader is entitled to purchase goods, under exactly the sameset sales conditions, including price and conditions relating to the delivery of the goods, as similardifferent from those of customers who are residents of the Member State of the trader. That may mean that a foreign customer will have toe trader may, furthermore, if he so wishes, offer the customer the option of picking up the good in that Member State, or in a different Member State to which the trader delivers. In this situation, there is no need to register for value added tax ("VAT") in the Member State of the customer, nor arrange for the cross-border delivery of goods.
Amendment 67 #
Proposal for a regulation
Recital 10
Recital 10
(10) TIt should be ensured that this Regulation shoulddoes not affect acts of Union law concerning judicial cooperation in civil matters, notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in Regulations (EC) No 593/2008 of the European Parliament and of the Council24 and (EU) 1215/2012 of the European Parliament and of the Council25 , including the application of those acts and provisions in individual cases. In particular, the mere fact that a trader acts in accordance with the provisions of this Regulation should not be construed as implying that he directs his activities to the consumer's Member State for the purpose of such application. _________________ 24 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6). 25 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
Amendment 70 #
Proposal for a regulation
Recital 19
Recital 19
(19) The second situation iIn cases where the trader provides electronically supplied services, other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, such as cloud services, data warehousing services, website hosting and the provision of firewalls. In this case, no physical delivery is required, as the services are being supplied electronically. The trader canmay declare and pay the VAT in a simplified manner in accordance with the rules on VAT Mini-One-Stop-Shop (MOSS) set out in Council Implementing Regulation (EU) No 282/201126 . _________________ 26Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax (OJ L 77, 23.3.2011, p. 1)ccordance with the national law of the Member State in which he is established.
Amendment 71 #
Proposal for a regulation
Recital 20
Recital 20
(20) Finally, in the situation where the trader provides services and those services are received by the customer in the premises of or at a location chosen by the trader and different from the Member State of which the customer is a national or in which the customer has his or her place of residence or place of establishment, the application of different general conditions of access for reasons related to such criteria should notmay also be justified either. Those situations concern, as the case may be, the provision of services such as hotel accommodation, sport events, car rental, and entry tickets to music festivals or leisure parks. In those situations, the trader does not have to register for VAT in another Member State nor arrange for cross-border delivery of goods.
Amendment 71 #
Proposal for a regulation
Recital 11
Recital 11
(11) The discriminatory practices that this Regulation seeks to addressjustified differential treatments covered by this Regulation typically take place through general terms, conditions and other information set and applied by or on behalf of the trader concerned, as a precondition for obtaining access to the goods or services in question, and that are made available to the public at large. Such general conditions of access include inter alia prices, payment conditions and delivery conditions. They can be made available to the public at large by or on behalf of the trader through various means, such as information published in advertisements, on websites or pre-contractual or contractual documentation. Such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer. Terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this Regulation.
Amendment 73 #
Proposal for a regulation
Recital 23
Recital 23
(23) In all those situations, traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories, for reasons related to the nationality, place of residence or place of establishment of the customer, as a consequence of a specific prohibition or a requirement laid down in Union law or in thethe national laws of Member States in acand, as a secorndance withry consideration, in Union law. Laws of Member States may also require, in accordance with Union law, traders to respect certain rules on the pricing of books. Traders should not be prevented from complying with such laws in as far as necessary.
Amendment 74 #
Proposal for a regulation
Recital 24
Recital 24
(24) Under Union law, traders are in principlTraders are free to decide which means of payment they wish to accept, including payment brands. However, oOnce this choice has been made, in view of the existing legal framework for payment services, there are no reasons for traders to discriminate customers within the Unioncustomers within the Union may take differential treatment measures which are justified, either by refusing certain commercial transactions, or by otherwise applying certain different conditions of payment in respect of those transactions, for reasons related to the nationality, place of residence or place of establishment of the customer. In this particular context, such unjustified unequdifferential treatment formay be based on reasons related to 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 should be expressly prohibited as well. It should be further recalled that Regulation (EU) No 260/2012 already prohibits all payees, including traders, from requiring bank accounts to be located in a certain Member State for a payment in euro to be accepted.
Amendment 75 #
Proposal for a regulation
Recital 25
Recital 25
(25) Directive 2015/2366/EU of the European Parliament and of the Council28 introduced strict security requirements for the initiation and processing of electronic payments, which reduced the risk of fraud for all new and more traditional means of payment, especially online payments. Payment service providers are obliged to apply so-called strong customer authentication, an authentication process that validates the identity of the user of a payment service or of the payment transaction. For remote transactions, such as online payments, the security requirements go even further, requiring a dynamic link to the amount of the transaction and the account of the payee, to further protect the user by minimising the risks in case of mistakes or fraudulent attacks. As a result of these provisions, the risk of payment fraud in national and cross-border purchases is brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the UnionIt is therefore desirable to continue to limit, in so far as possible, the risk of fraud, and, for that purpose, to leave traders free to take all legal measures that they consider necessary to minimise the risk of a fraudulent attack. _________________ 28 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35– 127).
Amendment 75 #
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 RegulationCustomers' purchasing power being linked to businesses' freedom to conduct business, and by extension, to their rights to establish justified differential treatments, they should each be able to claim proportional and equal protection in the event of a dispute. 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 77 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 77 #
Proposal for a regulation
Recital 13
Recital 13
(13) The effects for customers and on the internal market of discriminatoryof justified differential treatment in connection to commercial transactions relating to the sales of goods or the provision of services within the Union are the same, regardless of whether a trader is established in a Member State or in a third country. Therefore, and with a view to ensuring that competing traders are subject to the same requirements in this regard, the measures set out in this Regulation should apply equally to all traders operating within theMember States of the European Union.
Amendment 78 #
Proposal for a regulation
Recital 27
Recital 27
(27) Where necessary, Member States should designate one or more bodies responsible for taking effective action to monitor and to secure compliance with the provision of this Regulationa balance between the rights of consumers and the freedom of undertakings. Member States should also ensube empowered that effective, proportionate and dissuasive penalties can be imposed on traders in the event of any breach of this Regulationo take exceptional measures to combat unfair competition, fiscal dumping, risks of fraud or risks to national security arising from activities for the purpose of selling goods or services on-line.
Amendment 79 #
Proposal for a regulation
Recital 28
Recital 28
(28) Consumers should be in the position to receive assistance from responsible national authorities facilitating the resolution of conflicts with traders, arising from the application of this Regulation, including by way of a uniform complaint form.
Amendment 82 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order tot should be stressed that increaseing the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and toand increaseing transparency, including with respect to prices, traders should not is most definitely necessary; however, traders, for reasons related to the promotion of local or national heritage, public safety, research and innovation, should be able, through the use of technological measures or otherwise, prevent customers from having full and equal access to online interfaces on the basis of their nationality, place of residence or place of establishment. Such technological measures can encompass, in particular, any technologies used to determine the physical location of the customer, including the tracking of that by means of IP address, coordinates obtained through a global navigation satellite system or data related to a payment transaction. However, that prohibition of discrimination with respect to accessMoreover, in accordance with the principle of freedom to conline interfaces should not be understood as creating anduct business, there should not be any obligation for the trader to engage in commercial transactions with customers.
Amendment 83 #
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation should be regularly evaluated, with a view to proposing amendments where necessary. The first evaluation should concentrate, in particular, on the possible extension of the prohibition of Article 4(1)(b)Any ban on geoblocking or equivalent measures should never apply to 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, provided that the trader has the requisite rights for the relevin the name of compliance with the principle of territoriality, the safeguarding of cultural diversity antd territorieshe promotion of cultural heritage.
Amendment 85 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 85 #
Proposal for a regulation
Recital 15
Recital 15
(15) Certain traders operate different versions of their online interfaces, targeting customers from different Member States. While tThis should remain possible, with redirecting a customer from one version of the online interface to another version without his or her explicit consent should be prohibited. All, taking care to inform the customer thereof, being possible. At least one versions of the online interface should remain easily accessible to the customer at all times.
Amendment 86 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 87 #
Proposal for a regulation
Recital 32
Recital 32
Amendment 89 #
Proposal for a regulation
Recital 33
Recital 33
(33) In order to achieve the objective of effectively addresst is necessary to maintain the principle of territoriality and the freedom of undertakings to take measures entailing direct and indirect discriminationfferential treatment based on the nationality, place of residence or place of establishment of customers, it is appropriate to adopt a Regulation, which directly applies in all M. In this context, the national authorities seem ber States. This is necessary in order to guarantee the uniform application of the non- discrimination rules across the Union and their entering into force at the same time. Only a Regulation ensures the degree of clarity, uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rulest placed to adopt regulations, as these principles concern specific aspects of local and national production and the national rights of consumers.
Amendment 90 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 90 #
Proposal for a regulation
Recital 16
Recital 16
(16) In certain cases, blocking, limiting of access or redirection without the customer's consent to an alternative version of an online interface for reasons related to the customer's nationality, place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in Union law or in thefirstly, national laws, of Member States in acr secorndance withrily, Union law. Such laws can limit customers' access to certain goods or services, for instance by prohibiting the display of specific content in certain Member States. Traders should not be prevented from complying with such requirements and thus be able to block, limit the access or redirect certain customers or customers in certain territories to an online interface, insofar as that is necessary for that reason.
Amendment 91 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 92 #
Proposal for a regulation
Recital 17
Recital 17
(17) In a number of specific situations, any differences in the treatment of customers through the application of general conditions of access, including outright refusals to sell goods or to provide services, for reasons related to the customers' nationality, place of residence or place of establishment cannot bare objectively justified. In those situations, all such discrimination should be prohibited and customerpreferential treatment may be applied and the business should consequently be entitled, under the specific conditions laid down in this Regulation, to engage insubject commercial transactions under the same conditions as a local customer and have full and equalto conditions in view of these objective reasons, and thus potentially restrict access to any of the different goods or services offered irrespective of theiron the basis of the customer's nationality, place of residence or place of establishment. Where necessary, traderMember States should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the customers concerned would be precluded from having such full and equal access. However, the prohibition applicable is freedom of undertakings. Moreover, continuing those situations should not be understood as precludingo ensure that traders fromcan directing their activities at different Member States or certain groups of customers with targeted offers and differing terms and conditions, including through the setting- up of country-specific online interfaces, is essential.
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation seeks to contribute to the proper functioning of the internal market by preventing discriminationmaintain the principle of territoriality by acknowledging the justification for certain types of special treatment based, directly or indirectly, on the nationality, place of residence or place of establishment of customers.
Amendment 97 #
Proposal for a regulation
Recital 18
Recital 18
(18) The first of those situations iIn cases where the trader sells goods and there is no cross-border delivery of thoese goods by or on behalf of the trader to the Member State where the customer resides. In that situation the custom, the trader should be abentitled to purchase goods, under exactly the same conditionset sales conditions for such customers, including price and conditions relating to the delivery of the goods, as similardifferent from those of customers who are residents of the Member State of the trader. That may mean that a foreign customer will have toe trader should, furthermore be able, if he so wishes, to offer the customer the option of picking up the good in that Member State, or in a different Member State to which the trader delivers. In this situation, there is no need to register for value added tax ("VAT") in the Member State of the customer, nor arrange for the cross-border delivery of goods.
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Traders shall nomay, for reasons linked to the promotion of local or national heritage, public safety, research or innovation, introduce justified forms of special treatment, through the use of technological measures or otherwise, for example blocking or limiting customers' access to their online interface for reasons related to the nationality, place of residence or place of establishment of the customer.
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Traders shall notmay, for reasons related to the nationality, place of residence or place of establishment of the customer, redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access, by virtue of its layout, use of language or other characteristics that make it specific to customers with a particular nationality, place of residence or place of establishment, unless the customer gives his or her explicit consent prior to such redirectiontaking care to inform the customer. At least one version of the online interface should remain easily accessible to the customer at all times.
Amendment 100 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The prohibitiIn addition to the reasons set out in paragraphs 1 and 2 shall not apply where the, blocking, limitation of access or redirection with respect to certain customers or to customers in certain territories ismay also be necessary in order to ensure compliance with a legal requirement in Unational law or in the laws of Member States in accordance with, alternatively, Union law.
Amendment 100 #
Proposal for a regulation
Recital 19
Recital 19
(19) The second situation is whereIf the trader provides electronically supplied services, other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, (such as cloud services, data warehousing services, website hosting and the provision of firewalls. In this case), no physical delivery is required, as the services are being supplied electronically. The trader can declare and pay the VAT in a simplified manner in accordance with the rules on VAT Mini-One-Stop-Shop (MOSS) set out in Council Implementing Regulation (EU) No 282/201126 . _________________ 26Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax (OJ L 77, 23.3.2011, p. 1)ccordance with the national law of the Member State in which he is established.
Amendment 101 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4s 1 and 3, the trader shall provide a clear justification. That justification shall be given in the language of the online interface that the customer originally sought to access.
Amendment 102 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Traders shall notmay 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:
Amendment 104 #
Proposal for a regulation
Recital 20
Recital 20
(20) Finally, in the situation where the trader provides services and those services are received by the customer in the premises of or at a location chosen by the trader and different from the Member State of which the customer is a national or in which the customer has his or her place of residence or place of establishment, the application of different general conditions of access for reasons related to such criteria shcould notalso be justified either. Those situations concern, as the case may be, the provision of services such as hotel accommodation, sport events, car rental, and entry tickets to music festivals or leisure parks. In those situations, the trader does not have to register for VAT in another Member State nor arrange for cross-border delivery of goods.
Amendment 105 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The prohibition set out in point (b) of paragraph 1 shall not apply to traders that are exempted from VAT on the basis of the provisions of Chapter 1 of Title XII of Directive 2006/112/ECtrader may declare and pay the VAT in accordance with the national law of the Member State in which he is established.
Amendment 106 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Amendment 107 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
With respect to sales of books, the prohibition set out in paragraph 1 shall not preclude traders frommay applying different prices to customers in certain territories in so far as they are required to do so under the laws of Member States in accordance with Union law.
Amendment 108 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Special types of treatment for payment- related reasons
Amendment 109 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Traders shall not, formay, in an effort to minimise the risk of fraud, take any lawful measure they regard as necessary to minimise the risk of fraudulent attacks, citing 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 withinin all the Member States of the Union, and thus apply different conditions of payment for any sales of goods or provision of services, where:
Amendment 111 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The prohibition set out in paragraph 1 shall not preclude traders' possibility to requestIn addition, the trader shall be entitled to impose charges for the use of a card-based payment instrument for which interchanges fees are not regulated under Chapter II of Regulation (EU) 2015/751 and for those payment services to which Regulation (EU) No 260/2012 does not apply. Those charges shall not exceed the costs borne by the trader for the use of the payment instrument.
Amendment 111 #
Proposal for a regulation
Recital 23
Recital 23
(23) In all those situations, traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories, for reasons related to the nationality, place of residence or place of establishment of the customer, as a consequence of a specific prohibition or a requirement laid down in Union law or in thethe national laws of Member States in accordance withand, as a secondary consideration, in Union law. Laws of Member States may also require, in accordance with Union law, traders to respect certain rules on the pricing of books. Traders should not be prevented from complying with such laws in as far as necessary.
Amendment 112 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. EachWhere necessary, Member States shall designate a body one or more bodies responsible for the enforcement of this Regulation. Member States shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance with this Regulationaking effective action to monitor and to secure a balance between the rights of consumers and the freedom of undertakings.
Amendment 114 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall lay down the rules on the penalties applicable for infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasivould also be empowered to take exceptional measures to combat unfair competition, fiscal dumping, risks of fraud or risks to national security arising from activities for the purpose of selling goods or services on-line.
Amendment 114 #
Proposal for a regulation
Recital 24
Recital 24
(24) Under Union law, traders are in principlTraders are free to decide which means of payment they wish to accept, including payment brands. However, oOnce this choice has been made, in view of the existing legal framework for payment services, there are no reasons for traders to discriminatey can introduce differentiated treatment of customers within the Union, where justified, by refusing certain commercial transactions, or by otherwise applying certain different conditions of payment in respect of those transactions, for reasons related to the nationality, place of residence or place of establishment of the customer. In this particular context, such unjustified unequal treatment fordifferentiated treatment may be based on reasons related to 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 should be expressly prohibited as well. It should be further recalled that Regulation (EU) No 260/2012 already prohibits all payees, including traders, from requiring bank accounts to be located in a certain Member State for a payment in euro to be accepted.
Amendment 115 #
Proposal for a regulation
Recital 25
Recital 25
(25) Directive 2015/2366/EU of the European Parliament and of the Council28 introduced strict security requirements for the initiation and processing of electronic payments, which reduced the risk of fraud for all new and more traditional means of payment, especially online payments. Payment service providers are obliged to apply so-called strong customer authentication, an authentication process that validates the identity of the user of a payment service or of the payment transaction. For remote transactions, such as online payments, the security requirements go even further, requiring a dynamic link to the amount of the transaction and the account of the payee, to further protect the user by minimising the risks in case of mistakes or fraudulent attacks. As a result of these provisions, the risk of payment fraud in national and cross-border purchases is brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the UnionFurther steps should therefore be taken to minimise the risk of fraud, and, with that aim in view, to leave traders free to take any legal measures they consider necessary to minimise the risk of a fraudulent attack. _________________ 28 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35– 127).
Amendment 116 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Each Member State shall confer resConsumers should be in the ponsibility for providing practical assistance to consumers to a body or bodies in case of a dispute between a consumer and ation to receive assistance from competent national authorities with responsibility for facilitating the resolution of disputes with traders arising from the application of this Regulation. Each Member State shall designate a body or bodies responsible for that task, including by way of a single national complaint form.
Amendment 117 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The bodies referred to in paragraph 1 shall offer consumers a uniform national model form to file complaints to the bodies referred to in paragraph 1 and in Article 7(1). The Ccommissionpetent national authorities shall assist those bodies in developing this model form.
Amendment 118 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. By [date: two 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 Member States, 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.
Amendment 118 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 120 #
Proposal for a regulation
Recital 27
Recital 27
(27) Where necessary, Member States should designate one or more bodies responsible for taking effective action to monitor and to secure compliance with the provision of this Regulationa balance between the rights of consumers and the freedom of undertakings. Member States should also ensube empowered that effective, proportionate and dissuasive penalties can be imposed on traders in the event of any breach of this Regulationo take exceptional measures to combat unfair competition, fiscal dumping, risks of fraud or risks to national security arising from the activity of selling goods or services on-line.
Amendment 123 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The first evaluation referred to in paragraph 1 shall be carried out, in particular, with a view to assessing whether the prohibition of Article 4(1)(b)Any ban on geoblocking or equivalent measures should alsonever apply to 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, provided that the trader has the requisite rights for the relevin the name of compliance with the principle of territoriality, the safeguarding of cultural diversity antd territorieshe promotion of cultural heritage.
Amendment 125 #
Proposal for a regulation
Recital 28
Recital 28
(28) Consumers should be in the position to receive assistance from responsible national authorities facilitating the resolution of conflicts with traders, arising from the application of this Regulation, including by way of a uniform complaint form.
Amendment 129 #
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation should be regularly evaluated, with a view to proposing amendments where necessary. The first evaluation should concentrate, in particular, on the possible extension of the prohibition of Article 4(1)(b)Any ban on geoblocking or equivalent measures should never apply to 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, provided that the trader has the requisite rights for the relevin the name of compliance with the principle of territoriality, the safeguarding of cultural diversity antd territorieshe promotion of cultural heritage.
Amendment 135 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 137 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 138 #
Proposal for a regulation
Recital 32
Recital 32
Amendment 140 #
Proposal for a regulation
Recital 33
Recital 33
(33) In order to achieve the objective of effectively addressingt is necessary to maintain the principle of territoriality and the freedom of undertakings to use direct andor indirect discriminationfferentiated treatment based on the nationality, place of residence or place of establishment of customers, it is appropriate to adopt a Regulation, which directly applies in all Member States. This is necessary in order to guarantee the uniform application of the non- discrimination rules across the Union and their entering into force at the same time. Only a Regulation ensures the degree of clarity, uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rule. In this context, the national authorities seem to be best placed to take measures, given that these principles concern specific aspects of local and national production and the national rights of consumers.
Amendment 142 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 144 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 150 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation seeks to contribute to the proper functionmaintain the principle of territoriality by acknowledging of the internal market by preventing discriminationjustification for certain types of differentiated treatment based, directly or indirectly, on the nationality, place of residence or place of establishment of customers.
Amendment 172 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Traders shall nomay, for reasons linked to the promotion of local or national heritage, public safety, research or innovation, introduce justified differentiated treatment, through the use of technological measures or otherwise, for example blocking or limiting customers' access to their online interface for reasons related to the nationality, place of residence or place of establishment of the customer.
Amendment 175 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Traders shall notmay, for reasons related to the nationality, place of residence or place of establishment of the customer, redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access, by virtue of its layout, use of language or other characteristics that make it specific to customers with a particular nationality, place of residence or place of establishment, unless the customer gives his or her explicit consent prior to such redirectiontaking care to inform the customer. At least one version of the online interface must remain easily accessible to the customer at all times.
Amendment 180 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The prohibitiIn addition to the reasons set out in paragraphs 1 and 2 shall not apply where the, blocking, limitation of access or redirection with respect to certain customers or to customers in certain territories ismay also be necessary in order to ensure compliance with a legal requirement in Unational law or in the laws of Member States in accordance with, alternatively, Union law.
Amendment 183 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4s 1 and 3, the trader shall provide a clear justification. That justification shall be given in the language of the online interface that the customer originally sought to access.
Amendment 186 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Traders shall notmay 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:
Amendment 197 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The prohibition set out in point (b) of paragraph 1 shall not apply to traders that are exempted from VAT on the basis of the provisions of Chapter 1 of Title XII of Directive 2006/112/ECtrader may declare and pay the VAT in accordance with the national law of the Member State in which he is established.
Amendment 199 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Amendment 204 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
With respect to sales of books, the prohibition set out in paragraph 1 shall not preclude traders frommay applying different prices to customers in certain territories in so far as they are required to do so under the laws of Member States in accordance with Union law.
Amendment 208 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Amendment 209 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Traders shall not, formay, in an effort to minimise the risk of fraud, take any lawful measure they regard as necessary to minimise the risk of fraudulent attacks, citing 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 withinin all the Member States of the Union, and thus apply different conditions of payment for any sales of goods or provision of services, where:
Amendment 211 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The prohibition set out in paragraph 1 shall not preclude traders' possibility to requestIn addition, the trader shall be entitled to impose charges for the use of a card-based payment instrument for which interchanges fees are not regulated under Chapter II of Regulation (EU) 2015/751 and for those payment services to which Regulation (EU) No 260/2012 does not apply. Those charges shall not exceed the costs borne by the trader for the use of the payment instrument.
Amendment 214 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. EachWhere necessary, Member States shall designate a body one or more bodies responsible for the enforcement of this Regulation. Member States shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance with this Regulationaking effective action to monitor and to secure a balance between the rights of consumers and the freedom of undertakings.
Amendment 215 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall lay down the rules on the penalties applicable for infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasivalso be empowered to take exceptional measures to combat unfair competition, fiscal dumping, risks of fraud or risks to national security arising from activities for the purpose of selling goods or services on-line.
Amendment 218 #
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 to a body or bodies in case of a dispute between a consumer and aConsumers must be able to receive assistance from competent national authorities which are responsible for facilitating the resolution of conflicts with traders arising from the application of this Regulation. Each Member State shall designate a body or bodies responsible for that task.
Amendment 221 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The bodies referred to in paragraph 1 shall offer consumers a uniform national model form to file complaints to the bodies referred to in paragraph 1 and in Article 7(1). The Ccommissionpetent national authorities shall assist those bodies in developing this model form.
Amendment 225 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. By [date: two 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 Member States, 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.
Amendment 229 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The first evaluation referred to in paragraph 1 shall be carried out, in particular, with a view to assessing whether the prohibition of Article 4(1)(b)Any ban on geo-blocking or equivalent measures should alsonever apply to 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, provided that the trader has the requisite rights for the relevin the name of compliance with the principle of territoriality, the safeguarding of cultural diversity antd territorieshe promotion of cultural heritage.