Activities of Momchil NEKOV related to 2016/0152(COD)
Plenary speeches (1)
Geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment (A8-0172/2017 - Róża Gräfin von Thun und Hohenstein) BG
Shadow opinions (1)
OPINION on the proposal for a Regulation of the European Parliament and of the Council on addressing geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC
Amendments (13)
Amendment 38 #
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, as well as to achieve the objectives set in the New Digital Market Strategy, 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 in 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 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 services, or apply different conditions in this regard, for purely commercial reasons.
Amendment 43 #
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, unjustified geo-blocking and other forms of discrimination based on nationality, place of residence or place of establishment can also 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 51 #
Proposal for a regulation
Recital 6
Recital 6
(6) Considering that some regulatory and administrative barriers for traders have been removed across the Union in certain services sectors as a result of the implementation of Directive 2006/123/EC, in terms of material scope, consistency should be ensured between this Regulation and Directive 2006/123/EC. As a consequence, the provisions of this Regulation should apply inter alia to non- audio-visual 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, subject however to the specific exclusion provided for in Article 4 and the subsequent evaluation of that exclusion as provided for in Article 9 with regard to the specific nature of cultural goods and services. Audio-visual services, including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses, are excluded from the scope of this Regulation. Access to retail financial services, including payment services, should therefore also be excluded, notwithstanding the provisions of this Regulation regarding non-discrimination in payments.
Amendment 52 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In its report on the evaluation of this regulation the European Commission should take into account that the principle of territoriality remains an essential element of the copyright system in the EU and therefore the approach for tackling geo-blocking and fostering online cross- border services should be balanced with the necessity to protect cultural diversity and cultural industries economic model;
Amendment 58 #
Proposal for a regulation
Recital 12
Recital 12
(12) Both consumers and undertakings should be safeguarded from direct or indirect 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 69 #
Proposal for a regulation
Recital 19
Recital 19
(19) The second situation is where the trader provides electronically supplied services, other than services the main feature of which is the provision of access to and use or selling of copyright protected works of copyright protected works or other protected subject matter, such as cloud services, data warehousing services, website hosting and the provision of firewalls . In this case, no physical delivery is required, as the services are being supplied electronically. The trader can declare and pay VAT in a simplified manner in accordance with the rules on VAT Mini-One-Stop-Shop (MOSS) set out in Council Implementing Regulation (EU) No 282/201126 . _________________ 26 Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax (OJ L 77, 23.3.2011, p. 1).
Amendment 72 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) The Regulation shall take into account the principle of proportionality, in particular for micro, small and medium enterprises and the right of market operators to engage in market selection by directing their activities at different Member States or certain groups of customers. The Regulation should therefore ensure the balance between the principle of freedom of trade and the free choice of specific business strategy and the need to overcome the unjustified geo- blocking practices towards customers and undertakings in different Member States;
Amendment 81 #
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 or the selling of copyright protected works or other protected subject matter, provided that the trader has the requisite rights for the relevant territories. The first evaluation should take into account the legal developments in Member States with regard to the copyright reform, audiovisual services and cross-border portability of online content services.
Amendment 95 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. This Regulation shall not affect the rules applicable in the field of copyright and the neighbouring rights.
Amendment 97 #
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) 'goods' means any tangible movable item, with the exception of items sold by way of execution or otherwise by authority of law; water, gas and electricity shall be considered as goods within the meaning of this Regulation where they are put up for sale in a limited volume or a set quantity;
Amendment 103 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) where the trader provides electronically supplied services, other than services the main feature of which is the provision of access to and use or selling of copyright protected works or other protected subject matter;
Amendment 119 #
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 fivthree 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.
Amendment 122 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The first evaluation referred to in paragraph 1 shall be carried out, in particular, with a view to assessing whether the prohibition of Article 4(1)(b) should also apply to electronically supplied services, the main feature of which is the provision of access to and use or the selling of copyright protected works or other protected subject matter, with regards to the legal developments in Member States in the field of copyright, audiovisual services and cross-border portability of online content services, provided that the trader has the requisite rights for the relevant territories.