16 Amendments of Ivan ŠTEFANEC related to 2015/0284(COD)
Amendment 30 #
Proposal for a regulation
Recital 2
Recital 2
(2) The technological developmentdevelopment of technology and innovative services 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.
Amendment 56 #
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. Open cross-border access is not the objective of this Regulation. Therefore, cross-border portability should be distinguished from open cross-border access.
Amendment 71 #
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should, therefore, apply to online content services that a service provider, after having obtained the relevant rights from right holders in a given territory, provides to its subscribers on the basis of a contract, by any means including streaming, downloading or any other technique which allows use of that content online. A registration to receive content alerts or a mere acceptance of HTML cookies should not be regarded as a contract for the provision of online content service for the purposes of this Regulation.
Amendment 80 #
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation should apply to online content services which are provided against payment of money. Providers of such services are in a position to verify the Member State of residence of their subscribers. 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. The payment of a universal mandatory fee such as a broadcasting license fee should not be regarded as a payment in the context of this Regulation.
Amendment 87 #
Proposal for a regulation
Recital 17
Recital 17
(17) OProviders of online content services which are provided without payment of money are alsoshould have the option to be included in the scope of this Regulation toif the extent that providers verify the Member State of residence of their subscribers. Online content services which are providedy decide so and provided that they comply without the payment of money and whose providers do not verifyrequirements on the verification of the Member State of residence o. If their subscribers should be outside the scope of this Regulay exercise this option as, their inclusion would involve a major chany should be obliged to the way these services are delivered and involve disproportionate costs. As concerns verification of the subscriber's Member State of residence, information such as a payment of a licence fee for other services provided in the Member State of residence, the existence of a contract for internet or telephone connection, IP address or other means of authentication, should be relied upon, if they enable the provider to have reasonable indicators as to the Member State of residence of its subscriberscomply with the provisions of this Regulation in the same way as providers of online content services which are provided against payment of money.
Amendment 104 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure that providers of online content services comply with the obligation to provide cross-border portability of their services without acquiring the relevant rights in another Member State, it is necessary to stipulate that those service providers which lawfully provide portable online content services in the Member State of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another Member State. This should be achieved by establishing that the provision, the access to and the use of such online content service should be deemed to occur in the Member State of the subscriber's residence. This Regulation and in particular the legal mechanism localising the provision of, the access to and the use of an online content service in the Member State of the subscriber's residence does not prevent a service provider from offering its subscriber who is temporarily present in another Member State an online content service that the provider lawfully provides in that Member State.
Amendment 126 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) A provider who established the Member State of residence in accordance with this Regulation should be able to assume, for the purposes of this Regulation, that the verified Member State of residence is the only Member State of residence of the subscriber.
Amendment 129 #
Proposal for a regulation
Recital 23 c (new)
Recital 23 c (new)
(23c) In order to take into account technological developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the list of effective means for the verification of the subscriber's Member State of residence. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 175 #
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 202 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3a) The provider of an online content service provided without payment of money may decide to allow its subscribers who are temporarily present in a Member State to access and use the service in accordance with this Regulation. In order for the provisions of this Regulation to be applicable to providers in accordance with paragraph 1 of this Article, the provider shall verify the subscribers' Member State of residence in accordance with Article 3b. The 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.
Amendment 205 #
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
Amendment 224 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) Any contractual provisions including those between holders of copyright and related rights, those holding any other rights relevant for the use of content in online content services and service providers, as well as between service providers and subscribers which are contrary to Articles 3(1) and 4this Regulation shall be unenforceable.
Amendment 231 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 247 #
Proposal for a regulation
Article 7
Article 7
This Regulation shall apply also to contracts concluded and rights acquired before the date of its application if they are relevant for the provision, the access to and the use of an online content service in accordance with Articles 3 and 3a after that date.
Amendment 250 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3 (3b) shall be conferred on the Commission for indeterminate period of time from [date of entry into force of the basic legislative act or any other date set by the co-legislators]. 3. The delegation of power referred to in Article 3(3b) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3(3b) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council.
Amendment 253 #
Proposal for a regulation
Article 7 b (new)
Article 7 b (new)
Article 7b Evaluation Three years after the entry into force of this Regulation the Commission shall assess its implementation and report to the European Parliament and the Council. That report shall include an assessment of the verification of the Member State of residence, and, if necessary, on the need for a review. The report shall assess, in particular, whether or not there has been an increase in the prices charged to consumers. The Commission's report shall be accompanied, if appropriate, by a legislative proposal.