33 Amendments of Maria GRAPINI related to 2015/0284(COD)
Amendment 20 #
Proposal for a regulation
Recital 1
Recital 1
(1) Since the internal 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 canGuaranteeing permanent access to online content services for consumers throughout the European Union based on subscriptions contracted in the Member State of residence is an important element for the completion of the Single Market and the effective enforcement of the principles of free movement of persons and services. Consumers should be able to 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 for purposes such as business or leisure travel, periods of study. Therefore, barriers that hamper access and use of such online content services cross borders should be eliminated.
Amendment 23 #
Proposal for a regulation
Recital 1
Recital 1
(1) Since the internal 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. Therefore, barriers that hamper access and use of such online content services cross border should be eliminated, on condition that copyright and intellectual property rights are respected.
Amendment 29 #
Proposal for a regulation
Recital 2
Recital 2
(2) The technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers' location. There is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another Member State of the Union, since this is a question of consumer rights in the internal market.
Amendment 32 #
Proposal for a regulation
Recital 2
Recital 2
(2) The technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers' location. There is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home countryMember State of residence but also when they are temporarily present in another Member State of the Union.
Amendment 35 #
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 limits the right to access online services and is potentially prejudicial.
Amendment 36 #
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 continue accessing and useing the online content services that they have acquired the right to use in their home countryMember State of residence.
Amendment 50 #
Proposal for a regulation
Recital 6
Recital 6
(6) Therefore, increasingly, online content services are marketed in a package in which content which is not protected by copyright and/or related rights is not separable from content which is protected by copyright and/or related rights without substantially lessening the value of the service provided to consumers. This is especially the case with premium content such as sporting or other events of significant interest to consumers. In order to enable service providers to deliver to consumers full access to their online content services for the duration of the temporary stay in a Member State other than the Member State of residence, it is indispensable that this Regulation also covers such content used by online content services and therefore that it applies to audiovisual media services in the meaning of Directive 2010/13/EU as well as to transmissions of broadcasting organisations in their entirety.
Amendment 58 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt theprovide a 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 ensuredfor the provision of online content services based on a robust enforcement mechanism underpinning a legal fiction designed to permit portability of online content services to consumers who are temporarily present in a Member State other than that of residence without additional costs.
Amendment 67 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) This Regulation should not affect the application of any provision of the Union related to taxation.
Amendment 78 #
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 in which they habituallyof residence without being limited to a specific location, as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders.
Amendment 96 #
Proposal for a regulation
Recital 19
Recital 19
(19) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. 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 cwhilst this Regulation does not impose disproportionatent service take measures to ensur requirements to guarantee the same 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, the provider should explicitly and duly inform the subscriber on a durable medium about the quality of the delivery of an online content service in a Member State other than that of residence and about clear technical settings preventing the service provider from guaranteeing identical quality standards in the country of temporary stay. In such cases the provider shall not be liable if the quality of delivery of the service is lower. This information should be regarded as material for the purposes of Article 7(5) of Directive 2005/29/EC. Moreover, 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 111 #
Proposal for a regulation
Recital 22
Recital 22
(22) Service providers should not be liable for breach of any contractual provisions contrary to the obligation to enable their subscribers to use the service in the Member State of their temporary presence. Therefore clauses in contracts designed to prohibit or limit the cross- border portability of online content services across the Union should be unenforceable.
Amendment 114 #
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions 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, not intrusive, proportionate and do not go beyond what is strictly 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 ofTo that effect, providers should rely on the verification what mattermeans lis not the location, but rather, in which Member State the subscriber is accessing tted in this regulation. 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 means should also not constitute an excessive burden for subscribers.
Amendment 124 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Verifications means may include the implementation of currently used means for periodic checking of relevant information of IP addresses to the extent that this is necessary for the purposes of this Regulation. Considering that for purposes of the verification what matters is not the precise location, but rather the subscriber's temporary presence in another Member State while accessing the service, data on precise location or any other personal data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient on order to deliver the service provided, identification of the subscriber should not be required. The verification process should be carried according to privacy and data protection rules.
Amendment 145 #
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approachlegal framework to ensuring that subscribers to portable and legally acquired online content services in the Unionir Member States of residence, when temporarily present in a Member State other than that of residence, can access and use these services.
Amendment 152 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
(1a) This Regulation is without prejudice to the Union law in the field of taxation.
Amendment 154 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) "Subscriber" means any consumer who, on the basis of a contract for the provision of an online content service with a provider, mayhas access and use such service in the Member State of residence;
Amendment 163 #
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 habituallyhas his or her actual and stable residingence;
Amendment 169 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Temporarily present" means a in a Member State" means a non-permanent presence of a subscriber in a Member State other than the Member State of residence;
Amendment 174 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) "Online content service" means a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union that a service provider is lawfully providing online in the Member State of residence on a portable basis and which is an audiovisual media service within the meaning of Directive 2010/13/EU or a service the main feature of which is the provision of access to and use of works, other protected subject matter or transmissions of broadcasting organisations, whether in a linear or an on- demand manner, which is provided to a subscriber on agreed terms either: (1) (2) provided that the subscriber's Member State of residence is verified by the provider;; against payment of money; or without payment of money
Amendment 185 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) The provider of an portable online content service provided against payment of money shall enable a subscriber who is temporarily present in a Member State to access and use the online content service available in his or her Member State of residence without imposing additional costs.
Amendment 186 #
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, in a manner respecting copyright and intellectual property rights.
Amendment 194 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1a) The application of this Regulation cannot be circumvented by virtue of the choice of the law of a non-member country as the law applicable to contracts signed between service providers and rights holders or to contracts between providers and subscribers.
Amendment 196 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) THowever, the provider of an online content service shall duly inform the subscriber, on a durable medium, before the subscription of the contract or, for contracts subscribed before the date of application of this Regulation, in due time before that date, of the quality of delivery of the online content service provided in accordance with paragraph 1 and of the conditions of portability set out in accordance with this Regulation.
Amendment 199 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 a (new)
Article 3 – paragraph 3 – subparagraph 1 a (new)
Notwithstanding paragraph 2 of this Article, and unless objective technical failures occur, providers of online content services shall guarantee to the subscriber temporarily present in a Member State other than that of residence the same level of quality that is provided to the subscribers habitually residing in the Member State where he or she is temporarily present.
Amendment 203 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3a) The subscriber's habitual place of residence must be verified using flexible, reasonable, proportionate and straightforward methods, such as online localisation services or proof of change in mobile network provider.
Amendment 204 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3a) Online service providers shall not limit the obligations set out in paragraph 1 of Article 3 on the basis of the use of any specific technology or devices.
Amendment 214 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Option to enable portability The provider of an online content service provided without payment of money may choose to enable its subscribers who are temporarily present in a Member State to access and use the online content service on the condition that the provider verifies effectively the subscriber's Member State of residence in accordance with this Regulation. The service provider shall inform subscribers, the relevant holders of copyright and related rights and those holding any other rights in the content of online content service of its decision to provide the online content service in accordance with paragraph 1 of this Article prior to providing that service. The information shall be provided by means which are adequate and proportionate. If the provider chooses to provide the online content service in accordance with paragraph 1 of this Article, this Regulation shall apply to that provider entirely.
Amendment 217 #
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3b Verification of the Member State of residence (1) The provider of an online content service provided against payment of money shall make use of effective means in order to verify the Member State of residence of its subscribers. These verification means shall be reasonable, not intrusive, proportionate and shall not go beyond what is strictly necessary in order to achieve the purpose of this Regulation. These means shall not constitute an excessive burden for the subscribers. (2) In order to comply with the obligation set out in paragraph 1, the provider shall rely on the following verification means: (a) a declaration by the subscriber on their Member State of residence; (b) any valid document confirming subscriber's Member State of residence; (c) the billing address or the postal address of the subscriber; (d) bank details such as bank account, local credit or debit card of the subscriber; (e) the place of installation of a set top box or a similar device used for supply of services to the subscriber; (f) the subscriber being a party to a contract for internet or telephone connection in the Member State; (g) the subscriber paying a licence fee for other services provided in the Member State, such as public service broadcasting; (h) currently used technical means for periodic checking of relevant information of IP addresses, to the extent that is strictly necessary for the purposes of this Regulation. (3) Unless the Member State of residence can be sufficiently established on the basis of a single verification means, the provider shall rely on a combination of such means. (4) The declaration of a subscriber on their Member State of residence shall only be used in combination with one or more other verification means. (5) The service provider shall not track the location of the subscriber by means of Internet Protocol (IP) sampling or other means of geolocation in order to comply with the obligation of paragraph 1 of Article 3.
Amendment 227 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(1a) Paragraph 1 is without prejudice to the possibility of the service provider allowing the subscriber to also access the content licensed to the service provider in the Member State where the subscriber is temporarily present.
Amendment 243 #
Proposal for a regulation
Article 6
Article 6
The processing of personal data carried out within the framework of this Regulation including, in particular, for purposes of verification of the Member State of residence under Article 5(2)3b, shall be carried out in compliance with Directives 95/46/EC and 2002/58/EC.
Amendment 246 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Principle of technological neutrality Consumers must be free to choose the device or technology with which they wish to access online services.
Amendment 249 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
(1a) Three years after the entry into force of this Regulation, and at three-year intervals thereafter, the Commission shall assess the application of this Regulation and submit to the European Parliament and to the Council a report on the application of this Regulation. The report shall include, inter alia, an assessment of the effectiveness of the verification means of the Member State of residence, including newly developed industry standards and practices, and, if necessary, on the need for a review. The Commission's report shall be accompanied, if appropriate, by legislative or non-legislative proposal(s).