[ParlTrack]

Proposal for a regulation
Recital 17

(17) Online content services which are provided without payment of money are also included in the scope of this Regulation to the extent that providers verify the Member State of residence of their subscribers. Online content services which are provided without the payment of money and whose providers do not verify the Member State of residence of their subscribers should be outsidemay not choose to verify the Member State of residence of their subscribers. The inclusion of such online content services in the scope of this regulation would involve a major change to the way those services are delivered and involve disproportionate costs. On the other hand, the exclusion of these services entirely from the scope of th~~is R~~e regulation ~~as their inclusion would involve a major chan~~would mean that these services would not be able to take advantage tof the ~~way these services are delivered and involve disproportionate costs. As concerns~~legal mechanism provided for in this Regulation and enabling online content providers to offer their services on a portable basis across the European Union even if they decide to invest in means allowing the verification of their subscriber's Member State of residence~~, information such as a payment of a licence fee for other services provided in~~ to the same degree of certainty as paid for services. Providers of online content services which are provided without payment of money should therefore have an option to elect to be included in the scope of this regulation and provided that they comply with the requirements on the verification of the Member State of residence, to 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 subscribers. same degree of certainty as content and services offered against the payment of money. In exercising the option to be included, these services should be obliged to comply with the provisions of this regulation in the same way as providers of online content services which are provided against the payment of money. Furthermore, they should inform subscribers, the relevant holders of copyright and related rights and those holding any other rights in the content of online content service of their decision to exercise that option. Such information could be provided on the provider's website.

2016/08/01
Committee: ITRE

Amjad BASHIR

Proposal for a regulation
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. 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. Providers of online content services should provide subscribers advance notification concerning any variation in the quality that may be delivered or experienced when accessing content in a Member state other than the Member state of residence. Such information could be provided on the provider's website.

2016/08/01
Committee: ITRE

Amjad BASHIR

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) "Member State of residence" means the Member State ~~where the subscriber is habitually residing~~, established on the basis of Article 3B, where the subscriber has his or her actual and stable residence to which he or she returns to regularly;

2016/08/01
Committee: ITRE

Amjad BASHIR

Proposal for a regulation
Article 2 – paragraph 1 – point d

(d) "Temporarily present" means athe transitory presence of a subscriber in a Member State other than the Member State of residence;

2016/08/01
Committee: ITRE

Amjad BASHIR

Proposal for a regulation
Article 2 – paragraph 1 – point e – subparagraph 2

~~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;~~deleted against payment of money; or without payment of money

2016/08/01
Committee: ITRE

Amjad BASHIR

Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)

(ea) "Portable" means that subscribers can effectively access and use the online content service on a device that is easily carried in the Member State of residence without being limited to a specific location.

2016/08/01
Committee: ITRE

Amjad BASHIR

Proposal for a regulation
Article 2 – paragraph 1 – point f

~~(f) "Portable" means that subscribers can effectively access and use the online content service in the Member State of residence without being limited to a specific location.~~deleted

2016/08/01
Committee: ITRE

Amjad BASHIR

Proposal for a regulation
Article 3 – paragraph 1

(1) The provider of an online content service provided against payment of money shall enable a subscriber who is temporarily present in a Member State to access and use the online content service. subject to effective and proportionate means of authentication and verification in accordance with this regulation.

2016/08/01
Committee: ITRE

Amjad BASHIR

Proposal for a regulation
Article 3 a (new)

Article 3 a Providers of online content without payment of money and the option to comply with this regulation (1) The Providers of an online content service provided without payment of money may choose to enable its subscribers who are temporarily present in a Member State to access and use the online content service in accordance with this Regulation only where the provider verifies the subscribers Member State of residence in compliance with Article 3b. (2) The Providers of an online content service provided without payment of money, shall inform subscribers, the relevant holders of copyright and related rights and those holding any other rights in the content of the online content service where they choose to apply this Regulation to the online content service. Such notification shall be given prior to the provisions of access and use of the online content service on a portable basis by means that are adequate and proportionate. (3) Where the provider choose to offer an online content service in accordance with paragraph 1, this Regulation shall apply to that provider.

2016/08/01
Committee: ITRE

Amjad BASHIR

Proposal for a regulation
Article 3 b (new)

Article 3 b Verification of the Member State of residence (1) Providers of online content service provided against payment of money shall make use of effective means in order to verify the Member State of residence of its subscribers. These means shall be reasonable and not go beyond what is necessary in order to achieve their purpose. (2) In order to comply with the obligation set out in paragraph 1, the provider shall rely on the following verification means, or equivalent means as agreed between rights holders and service providers: (a) an identity card or any other valid document confirming subscriber's Member State of residence, to include electronic identification means; (b) the billing address or postal address of the subscriber; (c) bank details such as bank account, local credit or debit card of the subscriber; (d) physical visitation to the place of installation of a set top box or a similar device used for supply of services to the subscribers; (e) a subscriber being party to a contract for internet or telephone connection in the member state of residence; (f) payment of a license fee by a subscriber for other services provided in the Member state of residence; (g) sampling or periodic checking of Internet Protocol (IP) address to identify where the subscriber accesses content and predominantly uses the online content service be it internal or external to the Member State of residence, or by other geo-locational means equivalent to this; (h) registration on national, regional or local electoral rolls, if publicly available; or; (i) the payment of national, regional or local/poll taxes, if available. Unless the Member State of residence can be sufficiently established on the basis of a single verification means, the provider shall rely on a combination of such means. (3) The provider and the holders of copyright and related rights or those holding any other rights in the content of an online content service may agree on the use and number of particular means referred to in paragraph 2 or, to take account of new technological developments, any other means of equivalence in accordance with paragraph 1 to verify the Member state of residence. (4) Online content service providers, using the means in paragraph 2, should ensure subscribers are demonstrating regular return in predominantly accessing content within the Member State of residence. (5) The provider shall be entitled to request the subscriber to provide such information as is necessary for the verification of the Member State of residence in accordance with paragraphs 2 and 4. If the subscriber fails to provide such adequate information as to determine the Member State of residence the provider shall prevent the subscriber from accessing or using the online content service when he or she is temporarily present in a Member State other than the Member State of residence.

2016/08/01
Committee: ITRE

Amjad BASHIR

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

It shall apply from [date: 612 months following the day of its publication].

2016/08/01
Committee: ITRE

Activities of Amjad BASHIR related to 2015/0284(COD)

Shadow opinions (1)

Amendments (11)

ParlTrack - 2011-2024