19 Amendments of David BORRELLI related to 2015/0284(COD)
Amendment 23 #
Proposal for a regulation
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Charter of Fundamental Rights of the European Union,
Amendment 26 #
Proposal for a regulation
Recital 1
Recital 1
(1) Since the internal market comprisesThe development of a European identity and citizenship also relies on the smooth functioning of an area without internal frontiers relying, inter alia, onwhere the free movement of services and persons, is guaranteed and encouraged. 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 for such purposes as leisure, business or study. Therefore, barriers that hamper access and use of such online content services cross border should be eliminated.
Amendment 31 #
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 UnionAt a time when business models are evolving, we are witnessing a growing demand on the part of consumers for cross-border portability when they move across the Union, as well as of cross- device portability in their daily lives.
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 thatwho are temporarily present in anoexercising their Member State offundamental right of freedom of movement within the Union often cannot access and use the online content services that they have acquired the right to use in their home country.
Amendment 40 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The existence of telecommunication networks with a sufficient minimum performance is a prerequisite for making possible cross- border portability, as well as many other features of a Digital Single Market. In this context, it is essential that Member States shall fully meet their commitment to guarantee minimum download speeds of 30 Mbps by 2020 for all the territory of the Union, in order to provide reasonable connectivity for all European citizens.
Amendment 45 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross- border portability of online content services in the Union and that the cross- border portability can be ensured without additional costs for the customer, monetary or of any other kind, or any additional significant burden for the provider.
Amendment 58 #
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation should apply to online content services which are provided against payment of money, either through a service contract or through a compulsory television or broadcasting residence-based licence fee. Providers of such services are in a position to verify the Member State of residence of their subscribers or licensees. The right to use an online content service should be regarded as acquired against payment of money whether such payment is made directly to the provider of the online content service, or to another party such as a provider offering a package combining a telecommunications service and an online content service operated by another provider.
Amendment 60 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Nowadays, numerous content services and other kinds of services offered online are provided to subscribers in return for a non-monetary counterprestation (e.g. personal navigation data, or other). It is sometimes implied that since in such a situation there is not monetary payment, the subscriber enjoys less rights than in a pay-for-subscribe agreement. Full and effective completion of the Digital single market will likely result in a situation in which its authorities will be called upon to regulate, in the public interest, such provider-subscriber agreements. The Commission should therefore bear this aspect in mind for the development and review of this Regulation.
Amendment 67 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure the cross-border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service in the Member State of their temporary presence by providing them access to the same content on the same range and number of devices, for the same number of users and with the same range of functionalities as those offered in their Member State of residence. This obligation is mandatory and therefore the parties may not exclude it, derogate from it or vary its effect, either through any contractual clause or unilaterally by the service provider. Any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a Member State, for example restrictions to the functionalities of the service or to the quality of its delivery, would amount to a circumvention of the obligation to enable cross-border portability of online content services and therefore would be contrary to this Regulation.
Amendment 70 #
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, provided that the quality loss can be clearly attributed to objective reasons such as poor performance of the local network infrastructure. The service provider should however inform the consumer of the possible reduction in quality. Nevertheless, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shall be bound by such agreement, without however being able to charge any additional cost for it or imposing any additional administrative burden to the subscriber. The competent market surveillance authority should regularly monitor the pertinence of the justifications given by providers for a lower quality of delivery.
Amendment 78 #
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 should be unenforceable. Neither the service providers nor the holders of rights relevant for the provision of online content services should be allowed to circumvent this Regulation through the choice of the law of a non-member country as the law applicable to contracts concluded between them or to contracts concluded between providers and subscribers.
Amendment 81 #
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 and do not go beyond what is necessary in order to achieve this purpose. Examples of the necessary technical and organisational measures may include sampling of IP address instead of constant monitoring of location, transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measurenon- intrusive for consumers, highly respectful of their privacy rights, non-burdensome for providers, reasonable and do not go beyond what is necessary in order to achieve this purpose. Notably, they should take into account that a reasonable balance must be found between the capability of the verification system to detect any practices of cross-border access not authorized by this Regulation, and the comprehensive operational cost for providers carrying out those verifications. Considering that for purposes of the verification what matters is not the locationspecific physical location of the subscriber, but rather, in which Member State tshe subscriberor he is accessing the service, precise location data should not be collected and, transmitted, processed or stored for this purpose. Similarly, where authentication of athe subscriber is sufficient in order to deliver the service provided, her or his identification of the subscriber should not be required. The verification process should be designed to ensure privacy and data protection of the subscriber in every moment, in a non- cumulative way, using as far as possible information already lawfully available to the provider, and in any case the lightest and simplest methods available.
Amendment 91 #
Proposal for a regulation
Recital 26
Recital 26
(26) Contracts under which content is licensed are usually concluded for a relatively long duration. Consequently, and in order to ensure that all consumers residing in the Union can enjoy the cross- border portability feature of online content services on an equal basis in time and without any undue delay, this Regulation should also apply to contracts concluded and rights acquired before the date of its application if they are relevant for the cross-border portability of an online content service provided after that date. Such ex-post applicability should not involve any additional costs for the customer, monetary or of any other kind, nor any significant additional burden for the provider. This is also necessary in order to ensure a level playing field for service providers operating in the internal market, by enabling providers who concluded contracts with right holders for a long duration to offer cross-border portability to their subscribers, independently of the provider's possibility to renegotiate such contracts. Moreover, this provision should ensure that when service providers make arrangements necessary for the cross- border portability of their services, they will be able to offer such portability with regard to the entirety of their online content. Finally, it should also allow right holders not having to renegotiate their existing licensing contracts in order to enable the offering of the cross-border portability of services by providers.
Amendment 95 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation introduces a common approach to ensuring that subscribers to online content services in the Union, when temporarily present in a Member State, can access and use these services without incurring in any additional costs or administrative burdens.
Amendment 129 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) The provider of an online content service shall informdocument in the contract concluded with the subscriber of the quality of delivery of the online content service provided in accordance with paragraph 1.
Amendment 143 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Notwithstanding paragraph 1, holders of copyright and related rights or those holding any other rights in the content of online content services may require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with Article 3(1), provided that the required means are non-intrusive for consumers, highly respectful of their privacy rights, non-burdensome for providers, reasonable and do not go beyond what is necessary in order to achieve their purpose.
Amendment 146 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
The processing of personal data carried out within the framework of this Regulation including, in particular, for purposes of verification under Article 5(2), shall be carried out in compliance withshall comply with the Charter of Fundamental Rights of the European Union and Directives 95/46/EC and 2002/58/EC.
Amendment 148 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Application of the principles of technology neutrality and cross-device portability Subscribers shall have complete freedom to choose the types of devices or technologies from those available on the Union market in order to access online content, and to change freely between them, provide that it is guaranteed that in every moment they are accessing to their subscription whilst expecting the maximum number of devices specified in their service contract.
Amendment 152 #
Proposal for a regulation
Article 7 b (new)
Article 7 b (new)