4 Amendments of Robert Jarosław IWASZKIEWICZ related to 2016/0152(COD)
Amendment 84 #
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 frontiers 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 iGeo-blocking is where traders operating or providing services in more than one Member State 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 online 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 offlinebased solely on the customer’s IP address. 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 services, or apply different conditions in this regard, for purely commercial reason on account of the scale or nature of the business.
Amendment 108 #
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 establishment, including geo-blocking, in online 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 discrimination, 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 made or the Member State where the customer's payment instrument has been issued.
Amendment 123 #
Proposal for a regulation
Recital 7
Recital 7
(7) Discrimination can also occur in relation to services in the field of trafferentiation of conditionsp ort, 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 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 prices for cross-border transactions between Member States in relation to transport services, in particular with respect to the sales of tickets, is still within the scope of application of Directive 2006/123/EC, services in the field of transport should remain outside the scope of this Regulation. __________________ 18Regulation (EC) No 1008/2008 of the European Parliamentthe directive. The content of a commercial offer and of the Council of 24 September 2008 on common rules for the operation of air services conditions attaching 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). 20Regulation (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)reto cannot therefore be different depending on the IP address. At the same time, charges connected with electronic payment are excluded.
Amendment 150 #
Proposal for a regulation
Recital 12
Recital 12
(12) BWith respect to online services and trade, 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 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.