Activities of Hans-Olaf HENKEL related to 2015/2147(INI)
Plenary speeches (3)
Towards a Digital Single Market Act (debate) DE
Towards a Digital Single Market Act (debate) DE
Towards a Digital Single Market Act (A8-0371/2015 - Kaja Kallas, Evelyne Gebhardt) DE
Shadow reports (1)
REPORT on Towards a Digital Single Market Act PDF (619 KB) DOC (373 KB)
Amendments (40)
Amendment 26 #
Motion for a resolution
Citation 51 a (new)
Citation 51 a (new)
- having regard to its resolution of 10th December 2013 on the evaluation report regarding BEREC and the Office1a, 1a Text adopted, P7_TA-(2013)0536
Amendment 29 #
Motion for a resolution
Citation 51 b (new)
Citation 51 b (new)
- having regard to Regulation (EU) No 1211/2009 of the European Parliament and of The Council establishing the Body of European Regulators for Electronic Communications and the Office,
Amendment 99 #
Motion for a resolution
Recital C
Recital C
C. whereas 75% of the value added by the digital economy comes from traditional industry; whereas its integration of digital technology remains weak, with only 1.7% of EU enterprises making full use of advanced digital technologies and 14% of SMEs using the internet as a sales channel; underlines the great potential of the ICT sector in increasing productivity of the European industry;
Amendment 158 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas small- and medium-sized companies have the most to gain from the digital economy but also have the most to lose from burdensome regulation;
Amendment 179 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Suggests that the digitisation of the Single Market is a trend to be welcomed due to increased choice, competition, innovation, growth potential and lower costs for consumers and larger markets for businesses; emphasises the need to consider the Digital Single Market as a development of the traditional Single Market and not as something separate or different;
Amendment 231 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that users’ trust in digital services is vital to innovation and growth in the digital economy and that reinforcing that trust should be at the basis of both public policy and business models; suggests that proper implementation and enforcement of competition law, the Services Directive and the consumer protection acquis could do much to achieve this but recognises that targeted clarification of existing rules may be required;
Amendment 262 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the urgent need for the Commission and Member States to promote a more dynamic economy for innovation to flourish and for companies to scale up, through the development of e- government, a modernised regulatory framework fit for the emergence and scale- up of innovative businesses, and a long term investment strategy in infrastructure, skills, research and innovation; calls on the Commission to consult specialists in the field of human sciences as the disruptive nature of technology will have a profound impact on the society;
Amendment 301 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned aboutby the different national approaches taken ton regulating the internet and the sharing economy; urges the Commission to take action to preserve the integrity of the single market and the internet as an open and global platform for communication and innovbut recognises that opportunities and challenges associated with the collaborative economy often relate to member state competences, such as taxation or employment; urges the Commission to take action to preserve the integrity of the single market and the internet as an open and global platform for communication and innovation using existing Union law, in particular competition law and the Services Directive, as well as the full implementation and enforcement of the recently agreed open internet chapter of the 'Telecoms Single Market" Regulation;
Amendment 325 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned about the different national approaches taken to regulating the internet and the sharing economy; urges the Commission to take action to preserve the integrity of the single market and the internet as an open and global platform for communication and innovation; emphasizes the importance of the Digital Single Market for the European economy;
Amendment 353 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Believes that the digital economy has brought greater consumer empowerment especially through the increasing use of online reviews, peer reviews and customer information prior to purchase;
Amendment 359 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Believes that reducing administrative burdens and red tape, making it easier to establish an online retail presence and simple, secure, reliable payment systems also contribute to creating growth in e- commerce; notes that easy online access for businesses and consumers about different legal rights and responsibilities at national, regional and local level is key to enabling the performance of the Single Market; notes that the Points of Single Contact were established under the Services Directive with the ambition to provide such information; expresses deep disappointment in the results of the recent "mystery shopping" exercise conducted by Eurochambres, which identified severe deficiencies in many Member States; believes that Member States must urgently act to rectify this situation;
Amendment 366 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’'s initiative to improve theconsumers' legal protection of consumers as regardsconcerning intangible digital content; believes any such improvements must be targeted to specific needs and be proportionate; points out that while consumers buying tangible digital content are protected by consumer protection laws, consumer rights when buyingthere could be greater clarity regarding rights associated with intangible digital content remain largely unregulin many Member Stateds; agrees that consumers should enjoy a comparable level of protection regardless of whether they purchase digital content online or offline; suggests that where possible existing definitions should be used in any new proposals on consumer rights, with particular regard to the definition of 'digital content' in Article 2 (1) of Directive 2011/83/EU on consumer rights; suggests that, as a guiding principle, if a consumer uses a digital good or content in a manner equivalent to a tangible good, then this digital good or content should be accompanied by equivalent consumer rights; suggests however that it is important to focus on rights associated with the quality of a digital good, not the service providing that good on the basis that service provision is dealt with in a different regulatory context;
Amendment 393 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes the findings of the EPRS report "Contract law and the Digital Single Market: Towards a new EU online consumer sales law?" published in September 2015, which states that "online sales contracts within the EU are by no means a legal lacuna. Whereas there is no legal instrument which specifically addresses the problems posed by such contracts, they are covered by existing legal instruments, both at EU and Member State level. In particular, consumers' information rights and the right of termination at will (cooling- off period) are regulated in the Consumer Rights Directive; the seller's liability for non-conformity of the object sold, as well as guarantees, are regulated in the Consumer Sales Directive; the legality of fine-print terms in a sales contract falls within the scope of the Unfair Terms Directive; and the e-Commerce Directive provides the legal framework for online consumer transactions. Furthermore, the Unfair Commercial Practices directive protects consumers from rogue traders, including those active in the digital environment."
Amendment 451 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes that risks to consumer security are often mitigated by supplier-led provision of software upgrades or patches and therefore encourages better promotion by suppliers of security-related upgrades or patches;
Amendment 452 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Believes the future-proofed approach of the e-Commerce Directive has enhanced trust and clarity with regard to the responsibility of stakeholders acting in online marketplaces and suggests that re- opening the directive could risk destabilising that trust;
Amendment 455 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 505 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that accessible, affordable, efficient and high-quality delivery services are an essential prerequisite for a thriving cross-border e-commerce; supports the proposed measures to improve price transparency, interoperability and regulatory oversight that should target bothbelieves that parcel delivery services already work well in certain Member States; supports the industry-led measures initiated in 2013 which have contributed to the smooth functioning of the cross- border parcel delivery markets and compliance with relevant social and labour rightshave led to improved price transparency, interoperability, allowing enough flexibility ofor the delivery market to evolve and adapt to technological innovations, taking account of the fact that the underlying infrastructure used by operators to deliver parcels is a crucial factor in ensuring good service; argues that the Commission should continue to work with operators to find innovative solutions to improving services and avoid introducing top-down regulation, such as price caps; emphasises the need for a stable regulatory framework to encourage businesses to make infrastructure investments;
Amendment 540 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Argues that to encourage the growth of e-commerce both inside the Single Market and with third countries, the Union Customs Code should be implemented in a manner that does not impede trade flows and that allows for sufficiently long transition periods and targeted exemptions for all economic operators;
Amendment 551 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that ambitioustargeted and proportionate actions are needed to improve access to legal digital content, in particular by ending unjustified geo- blocking practices and unfair price discrimination based on geographical loca, especially through enabling greater cross-border portability of a consumer's legally acquired content and unfair price discrimination based on geographical location, whilst recognising that just as in traditional markets, businesses have the right to decide whether to operate in any individual jurisdiction; also notes that the new rules on VAT collection for digital goods have been so burdensome on small traders that they have stopped trading across borders and calls on the Commission and Member States to introduce a de minimis threshold for micro-entities and for urgent work to be found with stakeholders for an interim solution;
Amendment 601 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Supports in particular the Commission’s planned scrutiny of the practical enforcement of Article 20(2) of the Services Directive in order to analyse possible patterns of unlawful discrimination against consumers based on their country of residence; calls on the Commission to identify and define concise case groups of justified discrimination under Article 20(2) of the Services Directive in order to outlawclarify what is unjustified discriminatory behaviour by private entities and in order to provide interpretative assistance to authorities responsible for applying Article 20(2) in practice; calls on the Commission to make concerted efforts to add the provision of Article 20(2) to the Annex of Regulation (EC) No 2006/2004 in order to utilise the Consumer Protection Cooperation Network’s investigation and enforcement powers;
Amendment 615 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Further points out the importance of the ongoing competition sector inquiry into the e-commerce sector in order to investigate, inter alia, whether geo-blocking restrictions infringe the rules of EU competition law; stresses the importance of increasing consumer and business confidence by introducingassessing whether targeted changes to the Block Exemption Regulation, most importantly Article 4a and Article 4b, in order to limit undesirable could limit unjustified re-routing and territorial restrictions;
Amendment 648 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises that incentivising private investments in fast and ultra-fast communication networks is a requirement for any digital progress, with competition remaining the main driver of infrastructure investments, innovation, affordable prices and choices for consumers; considers that more competition through liberalisation of telecoms markets has been associated with higher levels of investment and lower prices for consumers; notes that little evidence exists, in the still fragmented European telecommunications market, of a link between consolidation of operators and increased investment in networks; notes the risk of creating telecommunications oligopolies at European level;
Amendment 708 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that since the development of digital services, including over-the-top services, has increased demand and competition to the benefit of consumers, therefore modernisation of the telecommunication framework should not lead to more regulatory burdens, but should drive innovation and fair competition; argues that OTT service providers should abide by the equivalent end user rights provisions as traditional operators, but that where appropriate and where necessary, the utility of such provisions should be reassessed in light of market and technological developments;
Amendment 727 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses the need to ensure that end user rights laid down in the Telecoms Framework are coherent, proportionate and futureproofed; suggests that end users should benefit from the ability to switch providers with ease and that such a process should be winner-led;
Amendment 735 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls as a priority for a harmonised framework forimproved coordination of spectrum allocation to boost long-term infrastructure investments, whilst respecting Member State competences;
Amendment 769 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that uniform enforcement of the Connected Continenfull implementation of the provisions within the Telecoms Single Market pPackage, including the end of roaming surcharges and on the net neutrality principle, requires the establishment of a single European telecommunications regulatorOpen Internet, requires the involvement of the Body of European Regulators in Electronic Communications (BEREC), which has been given an important role in developing European guidelines for the implementation of the net neutrality provisions, and has been requested to provide its technical expertise to inform implementing acts and further legislative proposals on international roaming to be adopted by the European Commission pursuant to the Regulation; believes that BEREC has played an important role in providing coordination of national regulatory authorities at an EU level;
Amendment 831 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Emphasises that online platforms are digital spaces in which traditional commercial relationships between businesses, other businesses and consumers take place; suggests that for this reason online platforms should not be regarded as a delineated, identifiable sector, technology or type of infrastructure in themselves but instead should be assessed in terms of the services they are providing, including inter alia transport, hospitality, financial services, commerce or employment; suggests that in this context, there is already much relevant regulation affecting many types of platforms;
Amendment 837 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Argues that businesses and consumers already benefit from protections offered by Union competition law against monopolistic, dominant or abusive behaviour by other businesses but notes that there are concerns about its enforceability in the digital environment; calls therefore for the Commission to clarify the operation of Union competition law, where necessary, in the digital environment and, where necessary, assistance to national competition authorities to properly apply and enforce Union competition law;
Amendment 838 #
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Notes that the e-Commerce Directive already seeks to contribute to the proper functioning of the digital single market by ensuring the free movement of information society services, defined as "any service normally provided for remuneration at a distance, by means of electronic equipment for the processing and storage of data, at the individual request of a recipient of the service"; suggests that the ECD has functioned well, given that a core element of the ECD is the protection of consumers, including investors, in spite of dramatic technological changes since its introduction; calls on the Commission to continue using agreed legal definitions as far as possible and to recognise the successes of the provisions in the ECD on intermediary liability as being futureproof and technological neutral;
Amendment 839 #
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23d. Notes that provisions of the ECD have been subsequently enhanced by the Unfair Commercial Practices Directive, the Consumer Rights Directive and other components of the consumer acquis and that these directives apply as much to traders using online platforms as to traders in traditional markets; calls on the Commission to work with all stakeholders and the European Parliament to introduce clear guidance on the applicability of the consumer acquis to traders using online platforms and, where necessary, assistance to Member State consumer protection authorities to properly enforce consumer law;
Amendment 855 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Appreciates the Commission’'s initiative to analyse the role of platforms in the Digital Ecollaborative economy as part of the upcoming Internal Market Strategy; points out that the collaborative economy brings enormous economic, social and environmental benefits through the more efficient use of resources, skills and other assets; notes that the definition of 'collaborative economy' used by the Commission's Consultation on the regulatory environment for platforms, in particular that it 'links individuals and/or legal persons... allowing them to provide services and/or exchange assets, resources, time, skills, or capital, sometimes for a temporary period and without transferring ownership rights', is in fact a description of a free market;
Amendment 885 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Encourages the Commission to analyse the need to protectbalance between protecting consumers and empowering consumers in the sharingcollaborative economy and, where appropriate and if necessary, to come forward with proposals to ensure the adequacy of the consumer-related legislation framework in the digital sphlarify how the consumer-related legislation framework applies in the digital sphere, including possible abuses; calls therefore for the Commission to assess whether Union competition law and the consumer acquis is sufficient to protect consumers and businesses using platforms in the collaborative economy from possible abuses; also calls on the Commission to clarify the extent to which the free movement of goods and services extends to online platform service providers in the context of widespread legal actions and sanctions against such provideres, including possible abuseswith particular regard to the implementation and enforcement of the Services Directive;
Amendment 895 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Encourages the Commission to analyse the need to protect consumers in the sharing economy and, where appropriate and if necessary, to come forward with proposals to ensure the adequacy of the consumer-related legislation framework in the digital sphere, including possible abuses; notes that the sharing economy presents a great potential to foster economic growth and create a more inclusive job market and urges all Member States to analyse national legislation in order to eliminate artificial barriers hindering its development;
Amendment 908 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Notes in particular the benefits of the digital transformation for increasing accessibility to affordable financial services for consumers and the contributions that this brings to access to capital for entrepreneurs and thus to further economic activity and growth; recognises that consumers are embracing new models for payment services including both bank and non-bank related services;
Amendment 918 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses the need for Governments, law enforcement authorities and the IT companies in the private sector to work together in order to address the need of removing illegal content, including the protection of children online; within existing legal framework whilst respecting fundamental rights and the rule of law;
Amendment 922 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers, in order to ensure trust in digital services, that increased resources from the public and private sector are required toshould work together strengthen the security of IT systems and online networks and, the encryption of communication, to improve cyber-attacks prevention and to increase knowledge ofver basic security processes among users of digital services;
Amendment 937 #
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
Amendment 946 #
Motion for a resolution
Paragraph 26 e (new)
Paragraph 26 e (new)
26e. Acknowledges the ongoing concern of EU consumers about their privacy and the use of personal data, and the need to better outline the legal framework regarding an individual's right to exercise control over their own personal data; notes the importance of ensuring that data subjects are fully informed with accessible and clear information regarding the rights, rules and redress available to them with regard to the use of their data, stresses the need to raise awareness with the public on issues of data protection;
Amendment 968 #
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Calls for the swift conclusion of the new Safe Harbour Agreement and the EU-US data protection Umbrella Agreement; Stresses that a workable and reliable framework for adequacy decisions, which is compatible with the EU data protection principles is important for both businesses and consumers;
Amendment 972 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Emphasises that actions taken by the Commission should be conformity with the legal competences of the EU, and respect the rights of Member States with regard to ensuring national security, and maintaining public security;