Activities of Angel DZHAMBAZKI related to 2016/0152(COD)
Legal basis opinions (0)
Amendments (11)
Amendment 22 #
Proposal for a regulation
Recital 1
Recital 1
(1) In order to realise the objective of ensuring good functioning of the internal market, as an area without internal frontiershere most barriers to trade have been removed and 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 barriersadministrative red-tape. Such abolition can be undermined by private parties putting in place illegal obstacles inconsistent with internal market freedoms. That occurs where traders operating in one Member State in exceptional situations unjustly block or limit 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 different general conditions of access to their goods and services with respect to such customers from other Member States, both online and offline. Whereas there may sometimes be objective justifications for such differential treatment, in other cases traders deny consumers wishing to engage in cross-border commercial transactions access to goods or servic principle of geo- blocking is there to protect regional markets, culture and traditions, it is also a fundamental cornerstone of the copyright-system, keeping in mind the specificities, or apply different conditions in this regard, for purely commercial reasf market-dynamics throughout the Member States of the European Unions.
Amendment 27 #
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 restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions. Such discriminatory practices are an important factor contributing to the relatively low level of cross-border, regional market and cultural specificities. Such practices are an important factor when considering a modernization to the cross-border mechanisms of increased 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. Clarifying, in which situations there can be no justification for differential treatment of this kind 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 32 #
Proposal for a regulation
Recital 3
Recital 3
(3) Pursuant to Article 20 of Directive 2006/123/EC of the European Parliament and of the Council17 , 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 of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice. Moreover, specific cases of unjust geo- blocking and other forms of discrimination based on nationality, place of residence or place of establishment can alsomay arise as a consequence of actions by traders established in third countries, which fall outside the scope of that Directive. _________________ 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 55 #
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 address. 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 76 #
Proposal for a regulation
Recital 12
Recital 12
(12) Both consumers and undertakings should be safeguarded from specific cases of unjust discrimination, for reasons related to their nationality, place of residence or place of establishment, when acting as customers for the purposes of this Regulation. 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 81 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency, including with respect to prices, traders should not, through the use of technological measures or otherwise, prevent customers from having full and equal access to online interfacesstreamline and direct their efforts to presenting the necessary information as clear and visible as possible to the consumer, in order for him to be able to make an informed purchase, knowing the rights and limitations for the specific good or service, preventing specific cases of unjust treatment 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 access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers.
Amendment 94 #
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 cannotmay be objectively justified. In those situa, if these are on grounds of preserving the integrity and existence of traditions, all suchnd culture. In any situation, unjust discrimination should be prohibited and customers should consequently be entitled, under the specific conditions laid down in this Regulation, to engage in commercial transactions under the same conditions as a local customer and have full and equal access to any of the different goods or services offered irrespective of their nationality, place of residence or place of establishment. Where necessary, traders 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 in those situations should not be understood as precluding traders from 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.
Amendment 127 #
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) 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 relevant territories.
Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Regulation seekis to contribute to the proper functioning of the internal market by preventing unjustified discrimination based, directly or indirectly, on the nationality, place of residence or place of establishment of customers and by defining situations where different treatment cannot be justified under Article 20(2) of Directive 2006/123/EC..
Amendment 205 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a This Regulation shall not affect the rules applicable in the field of copyright and the neighbouring rights.
Amendment 224 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. By [date: twohree 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 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.