BETA

Activities of Anne-Sophie PELLETIER related to 2020/0374(COD)

Plenary speeches (1)

Digital Markets Act (debate)
2021/12/14
Dossiers: 2020/0374(COD)

Shadow opinions (1)

OPINION on the proposal for a regulation of the European Parliament and of the Council on contestable and fair markets in the digital sector (Digital Markets Act)
2021/10/18
Committee: LIBE
Dossiers: 2020/0374(COD)
Documents: PDF(268 KB) DOC(185 KB)
Authors: [{'name': 'Ondřej KOVAŘÍK', 'mepid': 118949}]

Amendments (128)

Amendment 39 #
Proposal for a regulation
Recital 11
(11) This Regulation should also complement, without prejudice to their application, the rules resulting from other acts of Union law regulating certain aspects of the provision of services covered by this Regulation, in particular Regulation (EU) 2019/1150 of the European Parliament and of the Council26 , Regulation (EU) xx/xx/EU [DSA] of the European Parliament and of the Council27 , Regulation (EU) 2016/679 of the European Parliament and of the Council28 , Directive 2002/58/EC, Directive (EU) 2019/790 of the European Parliament and of the Council29 , Directive (EU) 2015/2366 of the European Parliament and of the Council30 , and Directive (EU) 2010/13 of the European Parliament and of the Council31 , as well as national rules aimed at enforcing or, as the case may be, implementing that Union legislation. This Regulation does not particularise or replace any of the obligations of core platform services under Regulation (EU) 2016/679 and Directive 2002/58/EC. _________________ 26 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57). 27Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC. 28Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 29 Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/ (OJ L 130, 17.5.2019, p. 92.). 30Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC ( OJ L 337, 23.12.2015, p. 35). 31Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
2021/07/28
Committee: LIBE
Amendment 43 #
Proposal for a regulation
Recital 15
(15) The fact that a digital service qualifies as a core platform service in light of its widespread and common use and its importance for connecting business users and end users does not as such give rise to sufficiently serious concerns of contestability and unfair practices. It is only when a core platform service constitutes an important gateway and is operated by a provider with a significant impact in the internal market and an entrenched and durable position, or by a provider that will foreseeably have such a position in the near future, that such concerns arise. Accordingly, the targeted set of harmonised rules laid down in this Regulation should apply only to undertakings designated on the basis of two out of these three objective criteria, and they should only apply to those of their core platform services that individually constitute an important gateway for business users to reach end users.
2021/07/28
Committee: LIBE
Amendment 48 #
Proposal for a regulation
Recital 39
(39) To safeguard a fair commercial environment and protect the contestability of the digital sector it is important to safeguard the right of business users or end users to raise concerns about unfair behaviour by gatekeepers with any relevant administrative or other public authorities. For example, business users or end users may want to complain about different types of unfair practices, such as discriminatory access conditions, unjustified closing of business user accounts or unclear grounds for product de-listings. Any practice that would in any way inhibit such a possibility of raising concerns or seeking available redress, for instance by means of confidentiality clauses in agreements or other written terms, should therefore be prohibited. This should be without prejudice to the right of business users and gatekeepers to lay down in their agreements the terms of use including the use of lawful complaints-handling mechanisms, including any use of alternative dispute resolution mechanisms or of the jurisdiction of specific courts in compliance with respective Union and national law This should therefore also be without prejudice to the role gatekeepers play in the fight against illegal content online.
2021/07/28
Committee: LIBE
Amendment 50 #
Proposal for a regulation
Recital 40
(40) Identification services are crucial for business users to conduct their business, as these can allow them not only to optimise services, to the extent allowed under Regulation (EU) 2016/679 and Directive 2002/58/EC of the European Parliament and of the Council33 , but also to inject trust in online transactions, in compliance with Union or national law. Gatekeepers should therefore not use their position as provider of core platform services to require their dependent business users to include any identification or payment services provided by the gatekeeper itself as part of the provision of services or products by these business users to their end users, where other identification or payment services are available to such business users. _________________ 33Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
2021/07/28
Committee: LIBE
Amendment 51 #
Proposal for a regulation
Recital 41
(41) Gatekeepers should not restrict the free choice of end users by technically preventing switching between or subscription to different software applications and services. Gatekeepers should therefore ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and should not raise artificial technical barriers so as to make switching impossible or ineffective. The mere offering of a given product or service to end users, including by means of pre- installation, as well the improvement of end user offering, such as better prices or increased quality, would not in itself constitute a barrier to switching.
2021/07/28
Committee: LIBE
Amendment 64 #
Proposal for a regulation
Recital 60
(60) In exceptional circumstances justified on the limited grounds of public morality, public health or public security, the Commission should be able to decide that the obligation concerned does not apply to a specific core platform service. Affecting these public interests can indicate that the cost to society as a whole of enforcing a certain obligation would in a certain exceptional case be too high and thus disproportionate. The regulatory dialogue to facilitate compliance with limited suspension and exemption possibilities should ensure the proportionality of the obligations in this Regulation without undermining the intended ex ante effects on fairness and contestability.
2021/07/28
Committee: LIBE
Amendment 73 #
Proposal for a regulation
Article 1 – paragraph 5
5. Member States shall not impose on gatekeepers further obligations by way of laws, regulations or administrative action for the purpose of ensuring contestable and fair markets. This is without prejudice to rules pursuing other legitimate public interests, in compliance with Union law. In particular, nNothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union law, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition.
2021/07/28
Committee: LIBE
Amendment 77 #
Proposal for a regulation
Article 1 – paragraph 7 a (new)
7 a. This Regulation complements and is without prejudice to both Regulation (EU) 2016/679 and Directive 2002/58/EC. This Regulation does not particularise or replace any of the obligations of core platform services under Regulation (EU) 2016/679 and Directive 2002/58/EC.
2021/07/28
Committee: LIBE
Amendment 94 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. A provider of core platform services shall be designated as gatekeeper if two of the following criteria apply:
2021/07/28
Committee: LIBE
Amendment 113 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of accordance with Regulation (EU) 2016/679. The specific choice shall not attempt to subvert or impair consumers’ autonomy, decision- making, or choice via the structure, function or manner of operation of their online interface or any part thereof ;
2021/07/28
Committee: LIBE
Amendment 118 #
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
(a a) provide end-users with an easy and promptly accessible method for the management of consent in the sense of Regulation (EU) 2016/679. Such method shall implement in particular the requirement of privacy by design and privacy by default in accordance with Article 25 of Regulation (EU) 2016/679;
2021/07/28
Committee: LIBE
Amendment 122 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) refrain from preventing or restricting business users or end users from raising issues with any relevant public authority relating to any practice of gatekeepers;
2021/07/28
Committee: LIBE
Amendment 124 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users or end users to use, offer or interoperate with an identification or payment service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper;
2021/07/28
Committee: LIBE
Amendment 127 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) refrain from requiring business users or end users to subscribe to or register with any other core platform services identified pursuant to Article 3 or which meets the thresholds in Article 3(2)(b), or with any ancillary services as a condition to access, sign up or register to any of their core platform services identified pursuant to that Article;
2021/07/28
Committee: LIBE
Amendment 132 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
(g a) not avail themselves of consent by way of derogation from Regulation (EU) 2016/679, as a legal ground for processing of personal data in order to target natural persons for purposes of digital advertising.
2021/07/28
Committee: LIBE
Amendment 136 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) allow end users and device manufacturers to un-install any pre- installed software applications on its core platform service without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third- parties;
2021/07/28
Committee: LIBE
Amendment 143 #
Proposal for a regulation
Recital 8
(8) By approximating diverging national laws, obstacles to the freedom to provide and receive services, including retail services, within the internal market should be eliminated. A targeted set of harmonised mandatory rules should therefore be established at Union level to ensure contestable, sustainable and fair digital markets featuring the presence of gatekeepers within the internal market.
2021/07/09
Committee: IMCO
Amendment 143 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) refrain from technically restricrestricting or limiting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper, including as regards the choice of Internet access provider for end users;
2021/07/28
Committee: LIBE
Amendment 146 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) allow business users and providers of core and ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services;
2021/07/28
Committee: LIBE
Amendment 151 #
Proposal for a regulation
Article 6 – paragraph 1 – point h
(h) provide effective portability of data generated through the activity of a business user or end user and shall, in particular, provide tools for end users to facilitate the effective exercise of data portability, in line withthe personal data relating to her or him, including personal data generated through her or his activity as end-user of platform services in accordance with Article 20 of Regulation EU 2016/679, including by the provision of continuous and real-time access ;
2021/07/28
Committee: LIBE
Amendment 161 #
Proposal for a regulation
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or non-aggregatednon-personal data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only, in full compliance with the GDPR, business users the possibility to obtain the consent of the data subject, allowing to the business users the access to and use of the personal data where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ;
2021/07/28
Committee: LIBE
Amendment 162 #
Proposal for a regulation
Recital 13
(13) In particular, online intermediation services, online search engines, online browser, operating systems, online social networking, video sharing platform services, streaming services, number- independent interpersonal communication services, cloud computing services, voice- controlled virtual assistants and online advertising services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. They therefore should be included in the definition of core platform services and fall into the scope of this Regulation. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non-exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. _________________ 32Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241, 17.9.2015, p. 1.
2021/07/09
Committee: IMCO
Amendment 163 #
Proposal for a regulation
Article 6 – paragraph 1 – point j
(j) provide to any third party providers of online search engines, upon their request, with access on fair, reasonable and non-discriminatory terms to ranking, query, click and view data in relation to free and paid search generated by end users on online search engines of the gatekeeper, subject to anonymisation and continuous testing against re-identification for the query, click and view data that constitutes personal data;
2021/07/28
Committee: LIBE
Amendment 166 #
Proposal for a regulation
Article 6 – paragraph 1 – point j a (new)
(j a) refrain from practices that obstruct the option to unsubscribe from a core platform service, whereas the subscription is easily facilitated ;
2021/07/28
Committee: LIBE
Amendment 167 #
Proposal for a regulation
Article 6 – paragraph 1 – point j b (new)
(j b) ensure their services, including user interfaces, are accessible to persons with disabilities in accordance with Article 13 of Directive (EU) 2019/88241a; _________________ 41a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70–115)
2021/07/28
Committee: LIBE
Amendment 169 #
Proposal for a regulation
Recital 15
(15) The fact that a digital service qualifies as a core platform service in light of its widespread and common use and its importance for connecting business users and end users does not as such give rise to sufficiently serious concerns of contestability and unfair practices. It is only when a core platform service constitutes an important gateway and is operated by a provider with a significant impact in the internal market and an entrenched and durable position, or by a provider that will foreseeably have such a position in the near future, that such concerns arise. Accordingly, the targeted set of harmonised rules laid down in this Regulation should apply only to undertakings designated on the basis of two of these three objective criteria, and they should only apply to those of their core platform services that individually constitute an important gateway for business users to reach end users.
2021/07/09
Committee: IMCO
Amendment 175 #
Proposal for a regulation
Article 8
1. The Commission may, on a reasoned request by the gatekeeper, exceptionally suspend, in whole or in part, a specific obligation laid down in Articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in Article 32(4), where the gatekeeper demonstrates that compliance with that specific obligation would endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request. 2. Where the suspension is granted pursuant to paragraph 1, the Commission shall review its suspension decision every year. Following such a review the Commission shall either lift the suspension or decide that the conditions of paragraph 1 continue to be met. 3. The Commission may, acting on a reasoned request by a gatekeeper, provisionally suspend the application of the relevant obligation to one or more individual core platform services already prior to the decision pursuant to paragraph 1. In assessing the request, the Commission shall take into account, in particular, the impact of the compliance with the specific obligation on the economic viability of the operation of the gatekeeper in the Union as well as on third parties. The suspension may be made subject to conditions and obligations to be defined by the Commission in order to ensure a fair balance between these interests and the objectives of this Regulation. Such a request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1.Article 8 deleted Suspension
2021/07/28
Committee: LIBE
Amendment 176 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
(a) public morality;deleted
2021/07/28
Committee: LIBE
Amendment 177 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
(a) there is an imbalance of rights and obligations on business users and end users and the gatekeeper is obtaining an advantage from business users and end users that is disproportionate to the service provided by the gatekeeper to business users or end users; or
2021/07/28
Committee: LIBE
Amendment 179 #
Proposal for a regulation
Recital 18
(18) A sustained market capitalisation of the provider of core platform services at or above the threshold level over three or morewo years should be considered as strengthening the presumption that the provider of core platform services has a significant impact on the internal market.
2021/07/09
Committee: IMCO
Amendment 181 #
Proposal for a regulation
Article 11 – paragraph 2
2. Where consent for collecting and processing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtain the required consent to their processing, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, orand to comply with Union data protection and privacy rules and principles in other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services. The gGate keeper shall not make the obtainsubvert or impair consumers’ autonomy, decision-making, of this consent by the business user more burdensome than for its own servr choice via the structure, function or manner of operation of their online interface or any part thereof while exercising those rights or specific choices.
2021/07/28
Committee: LIBE
Amendment 182 #
Proposal for a regulation
Recital 21
(21) An entrenched and durable position in its operations or the foreseeability of achieving such a position future occurs notably where the contestability of the position of the provider of the core platform service is limited. This is likely to be the case where that provider has provided a core platform service in at least three Member States to a very high number of business users and end users during at least threewo years.
2021/07/09
Committee: IMCO
Amendment 186 #
Proposal for a regulation
Recital 23
(23) Providers of core platform services which meet the quantitative thresholds but are able to present sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, they do not fulfil the objective requirements for a gatekeeper, should not be designated directly, but only subject to a further investigation. The burden of adducing evidence that the presumption deriving from the fulfilment of quantitative thresholds should not apply to a specific provider should be borne by that provider In its assessment, the Commission should take into account only the elements which directly relate to the requirements for constituting a gatekeeper, namely whether it is an important gateway which is operated by a provider with a significant impact in the internal market with an entrenched and durable position, either actual or foreseeable. Any justification on economic grounds seeking to demonstrate efficiencies deriving from a specific type of behaviour by the provider of core platform services should be discarded, as it is not relevant to the designation as a gatekeeper. The Commission should be able to take a decision by relying on the quantitative thresholdsdesignate the gatekeeper where the provider significantly obstructs the investigation by failing to comply with the investigative measures taken by the Commission.
2021/07/09
Committee: IMCO
Amendment 197 #
Proposal for a regulation
Recital 31
(31) To ensure the effectiveness of the review of gatekeeper status as well as the possibility to adjust the list of core platform services provided by a gatekeeper, the gatekeepers should inform the Commission of all of their intended and concluded business acquisitions of other providers of core platform services or any other services provided within the digital sector. Such information should not only serve the review process mentioned above, regarding the status of individual gatekeepers, but will also provide information that is crucial to monitoring broader contestability trends in the digital sector and can therefore be a useful factor for consideration in the context of the market investigations foreseen by this Regulation and under merger control law.
2021/07/09
Committee: IMCO
Amendment 207 #
Proposal for a regulation
Article 32 – paragraph 1
1. The Commission shall be assisted by the Digital Markets Advisory Committee. That Committee shall consist of representatives of the European Data Protection Board, as well as of representatives of the competent authorities of the Member States for competition, electronic communications, audio-visual services, electoral oversight, and consumer protection and be a Committee within the meaning of Regulation (EU) No 182/2011.
2021/07/28
Committee: LIBE
Amendment 212 #
Proposal for a regulation
Recital 36
(36) The conduct of combining end user data from different sources or signing in users to different services of gatekeepers gives them potential advantages in terms of accumulation of data, thereby raising barriers to entry. To ensure that gatekeepers do not unfairly undermine the contestability of core platform services, they should enable their end users to freely choose to opt-in to such business practices by offering a lessnot personalised alternative. The options should be presented in an equally appealing way to the end user. The possibility should cover all possible sources of personal data, including own services of the gatekeeper as well as third party websites, and should be proactively presented to the end user in an explicit, clear and straightforward manner.
2021/07/09
Committee: IMCO
Amendment 218 #
Proposal for a regulation
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services or through the business users own direct online sales channels. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative online intermediation services, limiting inter- platform contestability, which in turn limits choice of alternative online intermediation channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online intermediation services and differentiate the conditions under which they offer their products or services to their end users, it should not be accepted that gatekeepers limit business users from choosing to differentiate commercial conditions, including price or availability. Such a restriction should apply to any measure with equivalent effect, such as for example increased commission rates, de- ranking or de-listing of the offers of business users.
2021/07/09
Committee: IMCO
Amendment 233 #
(39) To safeguard a fair commercial environment and protect the contestability of the digital sector it is important to safeguard the right of business users to raise concerns about unfair behaviour by gatekeepers with any relevant administrative or other public authorities. For example, business users, end users or civil society organisations may want to complain about different types of unfair practices, such as discriminatory access conditions, unjustified closing of business user accounts or unclear grounds for product de-listings. Any practice that would in any way inhibit such a possibility of raising concerns or seeking available redress, for instance by means of confidentiality clauses in agreements or other written terms, should therefore be prohibited. This should be without prejudice to the right of business users and gatekeepers to lay down in their agreements the terms of use including the use of lawful complaints-handling mechanisms, including any use of alternative dispute resolution mechanisms or of the jurisdiction of specific courts in compliance with respective Union and national law This should therefore also be without prejudice to the role gatekeepers play in the fight against illegal content online.
2021/07/09
Committee: IMCO
Amendment 244 #
Proposal for a regulation
Recital 41
(41) Gatekeepers should not restrict the free choice of end users by technically preventing switching between or subscription to different software applications and services. Gatekeepers should therefore ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and should not raise artificial technical barriers so as to make switching impossible or ineffective. The mere offering of a given product or service to end users, including by means of pre- installation, as well the improvement of end user offering, such as better prices or increased quality, would not in itself constitute a barrier to switching.
2021/07/09
Committee: IMCO
Amendment 249 #
Proposal for a regulation
Recital 43
(43) A gatekeeper may in certain circumstancesshould not have a dual role as a provider of core platform services whereby it provides a core platform service to its business users, while also competing with those same business users in the provision of the same or similar services or products to the same end users. In these circumstances, aThe gatekeeper mayshould not take advantage of its dual role to use data, generated from transactions by its business users on the core platform, for the purpose of its own services that offer similar services to that of its business users. This may be the case, for instance, where a gatekeeper provides an online marketplace or app store to business users, and at the same time offer services as an online retailer or provider of application software against those business users. To prevent gatekeepers from unfairly benefitting from their dual role, it should be ensured that they refrain from using any aggregated or non-aggregated data, which may include anonymised and personal data that is not publicly available to offer similar services to those of their business users. This obligation should apply to the gatekeeper as a whole, including but not limited to its business unit that competes with the business users of a core platform service.
2021/07/09
Committee: IMCO
Amendment 278 #
Proposal for a regulation
Recital 49
(49) In such situations, the gatekeeper should not engage in any form of differentiated or preferential treatment in ranking on the core platform service, whether through legal, commercial or technical means, in favour of products or services it offers itself or through a business user which it controls. To ensure that this obligation is effective, it should also be ensured that the conditions that apply to such ranking are also generally fair. Ranking should in this context cover all forms of relative prominence, including display, rating, linking or voice results. To ensure that this obligation is effective and cannot be circumvented it should also apply to any measure that may have an equivalent effect to the differentiated or preferential treatment in ranking. The guidelines adopted pursuant to Article 5 of Regulation (EU) 2019/1150 should also facilitate the implementation and enforcement of this obligation.34 _________________ 34Commission Notice: Guidelines on ranking transparency pursuant to Regulation (EU) 2019/1150 of the European Parliament and of the Council (OJ C 424, 8.12.2020, p. 1).
2021/07/09
Committee: IMCO
Amendment 283 #
Proposal for a regulation
Recital 50
(50) Gatekeepers should not restrict or prevent the free choice of end users by technically preventing switching between or subscription to different software applications and services. This would allow more providers to offer their services, thereby ultimately providing greater choice to the end user. Gatekeepers should ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and shall not raise artificial technical barriers so as to make switching impossible or ineffective. The mere offering of a given product or service to consumers, including by means of pre-installation, as well as the improvement of the offering to end users, such as price reductions or increased quality, should not be construed as constituting a prohibited barrier to switching.
2021/07/09
Committee: IMCO
Amendment 287 #
Proposal for a regulation
Recital 51
(51) Gatekeepers can hamper the ability of end users to access online content and services including software applications. Therefore, rules should be established to ensure that the rights of end users to access an open internet are not compromised by the conduct of gatekeepers. Gatekeepers can also technically limit the ability of end users to effectively switch between different Internet access service providers, in particular through their control over operating systems or hardware. This distorts the level playing field for Internet access services and ultimately harms end users. It should therefore be ensured that gatekeepers do not unduly restrict end users in choosing their Internet access service provider.
2021/07/09
Committee: IMCO
Amendment 305 #
Proposal for a regulation
Recital 57
(57) In particular gatekeepers which provide access to software application stores serve as an important gateway for business users that seek to reach end users. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores, those , gatekeepers should not be allowed to impose general conditions, including pricing conditions, that would be unfair or lead to unjustified differentiation. Pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yardstick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by other providers of software application stores; prices charged or conditions imposed by the provider of the software application store for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application store for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application store for the same service the gatekeeper offers to itself. This obligation should not establish an access right and it should be without prejudice to the ability of providers of software application stores to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act].
2021/07/09
Committee: IMCO
Amendment 315 #
Proposal for a regulation
Recital 58
(58) To ensure the effectiveness of the obligations laid down by this Regulation, while also making certain that these obligations are limited to what is necessary to ensure contestability and tackling the harmful effects of the unfair behaviour by gatekeepers, it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them, in full respect of Regulation (EU) 2016/679 and Directive 2002/58/EC, consumer protection, cyber security and product safety. The gatekeepers should ensure the compliance with this Regulation by design. The necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. However, it may in certain cases be appropriate for the Commission, following a dialogue with the gatekeeper concerned, to further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specified. This possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation.
2021/07/09
Committee: IMCO
Amendment 321 #
Proposal for a regulation
Recital 59
(59) As an additional element to ensure proportionality, gatekeepers should be given an opportunity to request the suspension, to the extent necessary, of a specific obligation in exceptional circumstances that lie beyond the control of the gatekeeper, such as for example an unforeseen external shock that has temporarily eliminated a significant part of end user demand for the relevant core platform service, where compliance with a specific obligation is shown by the gatekeeper to endanger the economic viability of the Union operations of the gatekeeper concerned.deleted
2021/07/09
Committee: IMCO
Amendment 324 #
Proposal for a regulation
Recital 60
(60) In exceptional circumstances justified on the limited grounds of public morality, public health or public security, the Commission should be able to decide that the obligation concerned does not apply to a specific core platform service. Affecting these public interests can indicate that the cost to society as a whole of enforcing a certain obligation would in a certain exceptional case be too high and thus disproportionate. The regulatory dialogue to facilitate compliance with limited suspension and exemption possibilities should ensure the proportionality of the obligations in this Regulation without undermining the intended ex ante effects on fairness and contestability.deleted
2021/07/09
Committee: IMCO
Amendment 333 #
Proposal for a regulation
Recital 62
(62) In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether a provider of core platform services should be designated as a gatekeeper without meeting the quantitative thresholds laid down in this Regulation; whether systematic non- compliance by a gatekeeper warrants imposing additional remedies; and whether the list of obligations addressing unfair practices by gatekeepers should be reviewed and additional practices that are similarly unfair and limiting the contestability of digital markets should be identified. Such assessment should be based on market investigations to be run in an appropriate timeframe, by using clear procedures and legally binding deadlines, in order to support the ex ante effect of this Regulation on contestability and fairness in the digital sector, and to provide the requisite degree of legal certainty.
2021/07/09
Committee: IMCO
Amendment 338 #
Proposal for a regulation
Recital 64
(64) The Commission should investigate and assess whether additional behavioural, or, where appropriate, structural remediesstructural remedies or equally effective behavioural are justified, in order to ensure that the gatekeeper cannot frustrate the objectives of this Regulation by systematic non- compliance with one or several of the obligations laid down in this Regulation, which has further strengthened its gatekeeper position. This would be the case if the gatekeeper’s size in the internal market has further increased, economic dependency of business users and end users on the gatekeeper’s core platform services has further strengthened as their number has further increased and the gatekeeper benefits from increased entrenchment of its position. The Commission should therefore in such cases have the power to impose any remedy, whether behavioural or structural, having due regard to the principle of proportionality. Structural remedies, such as legal, functional or structural separation, including the divestiture of a business, or parts of it, should only be imposed either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the undertaking concerned than the structural remedy. Changes to the structure of an undertaking as it existed before the systematic non-compliance was established would only be proportionate where there is a substantial risk that this systematic non-compliance results from the very structure of the undertaking concerned.
2021/07/09
Committee: IMCO
Amendment 348 #
Proposal for a regulation
Recital 67
(67) Where, in the course of a proceeding into non-compliance or an investigation into systemic non- compliance, a gatekeeper offers commitments to the Commission, the latter should be able to adopt a decision making these commitments binding on the gatekeeper concerned, where it finds that the commitments ensure effective compliance with the obligations of this Regulation. This decision should also find that there are no longer grounds for action by the Commission.deleted
2021/07/09
Committee: IMCO
Amendment 360 #
Proposal for a regulation
Recital 72
(72) The Commission should be able to take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in this Regulation. Such actions should include the ability of the Commission to appoint independent external experts, such as and auditors to assist the Commission in this process, including where applicable from competent independent authorities, such as data or consumer protection authorities. The experts may be embedded within the gatekeeper to ensure the monitoring process.
2021/07/09
Committee: IMCO
Amendment 365 #
Proposal for a regulation
Recital 75
(75) In the context of proceedings carried out under this Regulation, the undertakings concerned should be accorded the right to be heard by the Commission and the decisions taken should be widely publicised. While ensuring the rights to good administration and the rights of defence of the undertakings concerned, in particular, the right of access to the file and the right to be heard, it is essential that confidential information be protected. Furthermore, while respecting the confidentiality of the information, the Commission should ensure that any information relied on for the purpose of the decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision. Finally, under certain conditions certain business records, such as communication between lawyers and their clients, may be considered confidential if the relevant conditions are met.deleted
2021/07/09
Committee: IMCO
Amendment 378 #
Proposal for a regulation
Recital 79 a (new)
(79 a) A small number of companies developed a market dominance by acquiring an unprecedented level about people’s lives and replaced services of a diverse and decentralised system with open standards by “walled gardens” with locked-in users; therefore, this regulation should introduce additional obligations regarding data protection, transparency, user choice and interoperability in order to guarantee a level playing field and consumer welfare.
2021/07/09
Committee: IMCO
Amendment 380 #
Proposal for a regulation
Recital 79 b (new)
(79 b) In order to guarantee proper enforcement of this regulation, the Commission should be equipped with sufficient staff to guarantee harmonised enforcement, proper monitoring of compliance by gatekeepers and qualitative market investigations across the EU. Therefore, the estimated budget for the number of staff should be raised in order to sufficiently prepare the Commission to face all the task attributed by this regulation.
2021/07/09
Committee: IMCO
Amendment 382 #
Proposal for a regulation
Recital 79 c (new)
(79 c) The proposal for an ‘empowered and strategic’ High Level Multi stakeholder Body for Digital Cooperation in the UN´s "Roadmap for Digital Cooperation" runs counter calls for stronger regulation of digital companies. While international cooperation is of highly importance, a genuinely democratic approach for global digital governance should be uphold. To that end, obligations for gatekeepers and enforcement measurers of this regulation should contribute to the development of appropriate global norms and polices.
2021/07/09
Committee: IMCO
Amendment 385 #
Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down harmonised rules ensuring contestable, sustainable and fair markets in the digital sector across the Union where gatekeepers apre present.vent with their monopolistic ecosystems a level playing field
2021/07/09
Committee: IMCO
Amendment 393 #
Proposal for a regulation
Article 1 – paragraph 5
5. Member States shall not impose on gatekeepers further obligations by way of laws, regulations or administrative action for the purpose of ensuring contestable and fair markets. This is without prejudice to rules pursuing other legitimate public interests, in compliance with Union law. In particular, nNothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union law, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition.
2021/07/09
Committee: IMCO
Amendment 406 #
Proposal for a regulation
Article 1 – paragraph 6
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposcluding additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2019/1150 and Regulation (EU) …./.. of the European Parliament and of the Council39 . _________________ 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 39Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
2021/07/09
Committee: IMCO
Amendment 430 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
(h a) streaming services
2021/07/09
Committee: IMCO
Amendment 435 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h b (new)
(h b) voice-controlled virtual assistants;
2021/07/09
Committee: IMCO
Amendment 439 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h c (new)
(h c) online browsers;
2021/07/09
Committee: IMCO
Amendment 493 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. A provider of core platform services shall be designated as gatekeeper if two of the following criteria apply:
2021/07/09
Committee: IMCO
Amendment 519 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
(c) the requirement in paragraph 1 point (c) where the thresholds in point (b) were met in each of the last threewo financial years.
2021/07/09
Committee: IMCO
Amendment 528 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. Where a provider of core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof within three month10 days after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. That notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). The notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b).
2021/07/09
Committee: IMCO
Amendment 538 #
Proposal for a regulation
Article 3 – paragraph 4 – introductory part
4. The Commission shall, without undue delay and at the latest 630 days after receiving the complete information referred to in paragraph 3, designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper, unless that provider, with its notification, presents sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6, the provider does not satisfy the requirements of paragraph 1.
2021/07/09
Committee: IMCO
Amendment 544 #
Proposal for a regulation
Article 3 – paragraph 6 – introductory part
6. The Commission may identify as a gatekeeper, in accordance with the procedure laid down in Article 15, any provider of core platform services that meets each of the requirements of paragraph 1, but does not satisfy each of the thresholds of paragraph 2, or has presented sufficiently substantiated arguments in accordance with paragraph 4.
2021/07/09
Committee: IMCO
Amendment 561 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point f a (new)
(f a) the employment of data- intelligence to coordinate, organize and control the entire set of activities and actors involved, often described as digital ecosystems
2021/07/09
Committee: IMCO
Amendment 563 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 3
Where the provider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper.deleted
2021/07/09
Committee: IMCO
Amendment 566 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 4
Where the provider of a core platform service that does not satisfy the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper based on facts available.
2021/07/09
Committee: IMCO
Amendment 582 #
Proposal for a regulation
Article 3 – paragraph 8
8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6 within sixtwo months after a core platform service has been included in the list pursuant to paragraph 7 of this Article.
2021/07/09
Committee: IMCO
Amendment 589 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Where the Commission, on the basis of that review pursuant to the first subparagraph, finds that the facts on which the designation of the providers of core platform services as gatekeepers was based, have changed, it shall adopt a corresponding decision and shall be made public.
2021/07/09
Committee: IMCO
Amendment 599 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) refrain from combining and, or cross-using personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679.The specific choice shall not subvert or impair consumers’ autonomy, decision-making, or choice via the structure, function or manner of operation of their online interface or any part thereof ;
2021/07/09
Committee: IMCO
Amendment 613 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end users through third party online intermediation services and through own direct online sales channels of the business user at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
2021/07/09
Committee: IMCO
Amendment 639 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) refrain from preventing or restricting business or end users from raising issues with any relevant public authority relating to any practice of gatekeepers;
2021/07/09
Committee: IMCO
Amendment 654 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with an identificationancillary service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper;
2021/07/09
Committee: IMCO
Amendment 677 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) provide advertisers and publishers to which it supplies advertising services, upon their request, with information concerning all non-price criteria in the auction process, the price paid by the advertiser and publisher, as well as the amount or remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.
2021/07/09
Committee: IMCO
Amendment 694 #
(g a) not avail themselves of consent by way of derogation from Regulation (EU) 2016/679, as a legal ground for processing of personal data in order to target natural persons for purposes of digital advertising;
2021/07/09
Committee: IMCO
Amendment 699 #
Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
(g b) allow to un-install any pre- installed software applications or change default settings on its core platform service without prejudice to the possibility for a gatekeeper to restrict such un- installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third- parties;
2021/07/09
Committee: IMCO
Amendment 705 #
Proposal for a regulation
Article 5 – paragraph 1 – point g c (new)
(g c) refrain from using, in competition with business users, any data not publicly available, which is generated through activities by those business users, including by the end users of these business users, of its core platform services or provided by those business users of its core platform services or by the end users of these business users;
2021/07/09
Committee: IMCO
Amendment 708 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) refrain from using, in competition with business users, any data not publicly available, which is generated through activities by those business users, including by the end users of these business users, of its core platform services or provided by those business users of its core platform services or by the end users of these business users;deleted
2021/07/09
Committee: IMCO
Amendment 719 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) allow end users to un-install any pre-installed software applications on its core platform service without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third-parties;deleted
2021/07/09
Committee: IMCO
Amendment 764 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) refrain from technically restricting the ability ofand non- technical tactics to restrict end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper, including as regards the choice of Internet access provider for end users;
2021/07/09
Committee: IMCO
Amendment 776 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) allow business users, end users and providers of ancillary or core services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary or core services;
2021/07/09
Committee: IMCO
Amendment 824 #
Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
(k a) refrain from practices that obstruct the option to unsubscribe from a core platform service, whereas the subscription is easily facilitated. In practice, both processes shall be equally demanding for business and end users.
2021/07/09
Committee: IMCO
Amendment 827 #
Proposal for a regulation
Article 6 – paragraph 1 – point k b (new)
(k b) ensure their services, including user interfaces, are accessible to persons with disabilities in accordance with Article 13 of Directive (EU) 2019/882. They shall also ensure that business users which rely on their core platform services to reach consumers for offering services and products in the scope of Directive(EU) 2019/882, comply with the requirements of Directive (EU) 2019/882.
2021/07/09
Committee: IMCO
Amendment 831 #
Proposal for a regulation
Article 6 – paragraph 1 – point k c (new)
(k c) refrain to have a dual role as a provider of core platform services whereby it provides a core platform service to its business users, while also competing with those same business users in the provision of the same or similar services or products to the same end users
2021/07/09
Committee: IMCO
Amendment 845 #
Proposal for a regulation
Article 7 – paragraph 1
1. The measures implemented by the gatekeeper toshall ensure compliance with the obligations laid down in Articles 5 and 6 shall be effective in achieving the objective of the relevant obligation. The gatekeeper shall ensure that these measuresthat the measures implemented to comply with Article 5 and 6 are implemented in compliance with Regulation (EU) 2016/679 and Directive 2002/58/EC, and with legislation on cyber security, consumer protection and product safety.
2021/07/09
Committee: IMCO
Amendment 857 #
Proposal for a regulation
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it may by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within sixthree months from the opening of proceedings pursuant to Article 18 and make them public.
2021/07/09
Committee: IMCO
Amendment 876 #
Proposal for a regulation
Article 7 – paragraph 5
5. In specifying the measures under paragraph 2, the Commission shall ensure that the measures are effective in achieving the objectives of the relevant obligation and proportionate in the specific circumstances of the gatekeeper and the relevant service.
2021/07/09
Committee: IMCO
Amendment 883 #
Proposal for a regulation
Article 7 – paragraph 7
7. A gatekeeper may request the opening of proceedings pursuant to Article 18 for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper may, with its request, provide a reasoned submission to explain in particular why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances.deleted
2021/07/09
Committee: IMCO
Amendment 889 #
Proposal for a regulation
Article 8
1. The Commission may, on a reasoned request by the gatekeeper, exceptionally suspend, in whole or in part, a specific obligation laid down in Articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in Article 32(4), where the gatekeeper demonstrates that compliance with that specific obligation would endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request. 2. Where the suspension is granted pursuant to paragraph 1, the Commission shall review its suspension decision every year. Following such a review the Commission shall either lift the suspension or decide that the conditions of paragraph 1 continue to be met. 3. The Commission may, acting on a reasoned request by a gatekeeper, provisionally suspend the application of the relevant obligation to one or more individual core platform services already prior to the decision pursuant to paragraph 1. In assessing the request, the Commission shall take into account, in particular, the impact of the compliance with the specific obligation on the economic viability of the operation of the gatekeeper in the Union as well as on third parties. The suspension may be made subject to conditions and obligations to be defined by the Commission in order to ensure a fair balance between these interests and the objectives of this Regulation. Such a request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1.Article 8 deleted Suspension
2021/07/09
Committee: IMCO
Amendment 905 #
Proposal for a regulation
Article 9 – paragraph 1
1. The Commission may, acting on a reasoned request by a gatekeeper or on its own initiative, by decision adopted in accordance with the advisory procedure referred to in Article 32(4), exempt it, in whole or in part, from a specific obligation laid down in Articles 5 and 6 in relation to an individual core platform service identified pursuant to Article 3(7), where such exemption is justified on the grounds set out in paragraph 2 of this Article. The Commission shall adopt the exemption decision at the latest 3 months after receiving a complete reasoned request.
2021/07/09
Committee: IMCO
Amendment 910 #
Proposal for a regulation
Article 9 – paragraph 3
3. The Commission may, acting on a reasoned request by a gatekeeper or on its own initiative, provisionally suspend the application of the relevant obligation to one or more individual core platform services already prior to the decision pursuant to paragraph 1. In assessing the request, the Commission shall take into account, in particular, the impact of the compliance with the specific obligation on the grounds in paragraph 2 as well as the effects on the gatekeeper concerned and on third parties. The suspension may be made subject to conditions and obligations to be defined by the Commission in order to ensure a fair balance between the goals pursued by the grounds in paragraph 2 and the objectives of this Regulation. Such a request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1.deleted
2021/07/09
Committee: IMCO
Amendment 914 #
Proposal for a regulation
Article 10 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 34 to update the obligations laid down in Articles 5 and 6 where, for reasons of public interest or based on a market investigation pursuant to Article 17, it has identified the need for new obligations addressing practices that limit the contestability of core platform services or are unfair in the same way as the practices addressed by the obligations laid down in Articles 5 and 6.
2021/07/09
Committee: IMCO
Amendment 921 #
Proposal for a regulation
Article 10 – paragraph 2
2. A practice within the meaning of paragraph 1 shall be considered to be unfair or limit the contestability of core platform services where: (a) there is an imbalance of rights and obligations on business users and the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper to business users; or (b) the contestability of markets is weakened as a consequence of such a practice engaged in by gatekeepers.deleted
2021/07/09
Committee: IMCO
Amendment 924 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
(a) there is an imbalance of rights and obligations on end users or business users and the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper to business users; or
2021/07/09
Committee: IMCO
Amendment 945 #
Proposal for a regulation
Article 11 – paragraph 3
3. A gatekeeper shall not degrade the conditions or quality of any of the core platform services provided to business users or end users who avail themselves of the rights or choices laid down in Articles 5 and 6, or make the exercise of those rights or choices unduly difficult. The gatekeeper shall not subvert or impair consumers’ autonomy, decision-making, or choice via the structure, function or manner of operation of their online interface or any part thereof while exercising those rights or specific choices.
2021/07/09
Committee: IMCO
Amendment 954 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. A gatekeeper shall inform the Commission of any intended concentration within the meaning of Article 3 of Regulation (EC) No 139/2004 involving another provider of core platform services or of any other services provided in the digital sector irrespective of whether it is notifiable to a Union competition authority under Regulation (EC) No 139/2004 or to a competent national competition authority under national merger rules.
2021/07/09
Committee: IMCO
Amendment 969 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
3a. 4. The Commission shall publish annually the list of acquisitions of which it has been informed by gatekeepers.
2021/07/09
Committee: IMCO
Amendment 974 #
Proposal for a regulation
Article 13 – paragraph 1
Within six months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any techniques for profiling of consumersemployment of data-intelligence to coordinate, organize and control the entire set of activities and actors involved including techniques for profiling of consumers, especially in view of pricing, offers and ranking that the gatekeeper applies to or across its core platform services identified pursuant to Article 3. This description shall be updated at least annually.
2021/07/09
Committee: IMCO
Amendment 977 #
Proposal for a regulation
Article 14 – paragraph 1
1. When the Commission intends to carry out a market investigation in view of the possible adoption of decisions pursuant to Articles 15, 16 and 17, it may consider the advise of end users and civil society organisations, and shall adopt a decision opening a market investigation.
2021/07/09
Committee: IMCO
Amendment 983 #
Proposal for a regulation
Article 15 – paragraph 1
1. The Commission may conduct a market investigation for the purpose of examining whether a provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6), or in order to identify core platform services for a gatekeeper pursuant to Article 3(7). It shall endeavour to conclude its investigation by adopting a decision in accordance with the advisory procedure referred to in Article 32(4) within twelvesix months from the opening of the market investigation.
2021/07/09
Committee: IMCO
Amendment 985 #
Proposal for a regulation
Article 15 – paragraph 2
2. In the course of a market investigation pursuant to paragraph 1, the Commission shall endeavour to communicate its preliminary findings to the provider of core platform services concerned within six months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6).deleted
2021/07/09
Committee: IMCO
Amendment 993 #
Proposal for a regulation
Article 15 – paragraph 3
3. Where the provider of core platform services satisfies the thresholds set out in Article 3(2), but has presented significantly substantiated arguments in accordance with Article 3(4), the Commission shall endeavour to conclude the market investigation within five months from the opening of the market investigation by a decision pursuant to paragraph 1. In that case the Commission shall endeavour to communicate its preliminary findings pursuant to paragraph 2 to the provider of core platform services within three months from the opening of the investigation.deleted
2021/07/09
Committee: IMCO
Amendment 996 #
Proposal for a regulation
Article 15 – paragraph 4
4. When the Commission pursuant to Article 3(6) designates as a gatekeeper a provider of core platform services that does not yet enjoy an entrenched and durable position in its operations, but it is foreseeable that it will enjoy such a position in the near future, it shall declare applicable to that gatekeeper only obligations laid down in Article 5(b) and Article 6(1) points (e), (f), (h) and (i) as specified in the designation decision. The Commission shall only declare applicable those obligations that are appropriate and necessary to prevent that the gatekeeper concerned achieves by unfair means an entrenched and durable position in its operations. The Commission shall review such a designation in accordance with the procedure laid down in Article 4.
2021/07/09
Committee: IMCO
Amendment 1004 #
Proposal for a regulation
Article 16 – title
Market investigation into systematic non- compliance
2021/07/09
Committee: IMCO
Amendment 1010 #
Proposal for a regulation
Article 16 – paragraph 1
1. Where the market investigation shows that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural or structural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulationstructural or equally effective behavioural remedies. The Commission shall conclude its investigation by adopting a decision within twelvesix months from the opening of the market investigation.
2021/07/09
Committee: IMCO
Amendment 1015 #
Proposal for a regulation
Article 16 – paragraph 2
2. The Commission may only impose structural remedies pursuant to paragraph 1 either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the gatekeeper concerned than the structural remedy.deleted
2021/07/09
Committee: IMCO
Amendment 1018 #
Proposal for a regulation
Article 16 – paragraph 3
3. A gatekeeper shall be deemed to have engaged in a systematic non- compliance with the obligations laid down in Articles 5 and 6, where the Commission has issued at least three non-compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Article.deleted
2021/07/09
Committee: IMCO
Amendment 1027 #
Proposal for a regulation
Article 16 – paragraph 4
4. A gatekeeper shall be deemed to have further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), where its impact on the internal market has further increased, especially in new segments of the market, its importance as a gateway for business users to reach end users has further increased or the gatekeeper enjoys a further entrenched and durable position in its operations.
2021/07/09
Committee: IMCO
Amendment 1032 #
Proposal for a regulation
Article 16 – paragraph 6
6. The Commission may at any time during the market investigation extend its duration where the extension is justified on objective grounds and proportionate. The extension may apply to the deadline by which the Commission has to issue its objections, or to the deadline for adoption of the final decision. The total duration of any extension or extensions pursuant to this paragraph shall not exceed six months.The Commission may consider commitments pursuant to Article 23 and make them binding in its decisionthree months.
2021/07/09
Committee: IMCO
Amendment 1034 #
Proposal for a regulation
Article 17 – paragraph 1
The Commission may conduct a market investigation with the purpose of examining whether one or more services within the digital sector should be added to the list of core platform services or to detect types of practices that may limit the contestability of core platform services or may be unfair and which are not effectively addressed by this Regulation. It shall issue a public report at the latest within 124 months from the opening of the market investigation.
2021/07/09
Committee: IMCO
Amendment 1046 #
Proposal for a regulation
Article 18 – paragraph 1
1. Where the Commission intends to carry out proceedings in view of the possible adoption of decisions pursuant to Article 7, 25 and 26, it shall adopt a decision opening a proceeding. 2. When the Commission adopts a decision opening a proceeding, all relevant findings and information shall be gathered in a report, which is to be presented to the European Parliament and the Member States and be made accessible publicly on the official website of the European Commission.
2021/07/09
Committee: IMCO
Amendment 1071 #
Proposal for a regulation
Article 23
1. If during proceedings under Articles 16 or 25 the gatekeeper concerned offers commitments for the relevant core platform services to ensure compliance with the obligations laid down in Articles 5 and 6, the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) make those commitments binding on that gatekeeper and declare that there are no further grounds for action. 2. The Commission may, upon request or on its own initiative, reopen by decision the relevant proceedings, where: (a) there has been a material change in any of the facts on which the decision was based; (b) the gatekeeper concerned acts contrary to its commitments; (c) the decision was based on incomplete, incorrect or misleading information provided by the parties. 3. Should the Commission consider that the commitments submitted by the gatekeeper concerned cannot ensure effective compliance with the obligations laid down in Articles 5 and 6, it shall explain the reasons for not making those commitments binding in the decision concluding the relevant proceedings.Article 23 deleted Commitments
2021/07/09
Committee: IMCO
Amendment 1081 #
Proposal for a regulation
Article 24 – paragraph 2
2. The actions pursuant to paragraph 1 may include the appointment of independent external experts and auditors to be embedded within the gatekeeper and to assist the Commission to monitor the obligations and measures and to provide specific expertise or knowledge to the Commission.
2021/07/09
Committee: IMCO
Amendment 1084 #
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
1. The Commission shall, within six month from opening a proceeding according to Article 18, adopt a non- compliance decision in accordance with the advisory procedure referred to in Article 32(4) where it finds that a gatekeeper does not comply with one or more of the following:
2021/07/09
Committee: IMCO
Amendment 1085 #
Proposal for a regulation
Article 25 – paragraph 1 – point e
(e) commitments made legally binding pursuant to Article 23.ted
2021/07/09
Committee: IMCO
Amendment 1090 #
Proposal for a regulation
Article 25 – paragraph 3
3. In the non-compliance decision adopted pursuant to paragraph 1, the Commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadlinetwo month and to provide explanations on how it plans to comply with the decision.
2021/07/09
Committee: IMCO
Amendment 1097 #
Proposal for a regulation
Article 26 – title
Fines and remedies
2021/07/09
Committee: IMCO
Amendment 1098 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. In the decision pursuant to Article 25, the Commission may impose on a gatekeeper fines not exceeding 10% of its total turnover in the preceding financial year or structural and equally effective behavioural remedies where it finds that the gatekeeper, intentionally or negligently, fails to comply with:
2021/07/09
Committee: IMCO
Amendment 1106 #
Proposal for a regulation
Article 26 – paragraph 4 – subparagraph 3
However, the Commission shall not require payment pursuant to the second or the third subparagraph from undertakings which show that they have not implemented the infringing decision of the association and either were not aware of its existence or have actively distanced themselves from it before the Commission started investigating the case.deleted
2021/07/09
Committee: IMCO
Amendment 1115 #
Proposal for a regulation
Article 28 – paragraph 1
1. The powers conferred on the Commission by Articles 26 and 27 shall be subject to a threfive year limitation period.
2021/07/09
Committee: IMCO
Amendment 1120 #
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
1. Before adopting a decision pursuant to Article 7, Article 8(1), Article 9(1), Articles 15, 16, 22, 23, 25 and 26 and Article 27(2), the Commission shall give the gatekeeper or undertaking or association of undertakings concerned, including third parties affected by the conduct of the gatekeeper concerne, the opportunity of being heard on:
2021/07/09
Committee: IMCO
Amendment 1157 #
Proposal for a regulation
Article 33 – paragraph 1
1. When three or more Member States request the Commission to open an investigation pursuant to Article 15, 16 and 17 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper, does not comply with this regulation or its new services and practices need to be examined, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation.
2021/07/09
Committee: IMCO
Amendment 1173 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
2a. 3. For the effective enforcement of this Regulation, Directive (EU) 2019/1937 of the Parliament and of the Council on the protection of persons who report breaches of Union law shall apply. To this end, persons pursuant to Article 4 of Directive (EU) 2019/1937 shall be encouraged to report breaches of Union law to a competent national authority, which shall transmit it to the Commission and the Digital Markets Advisory Committee. The reported transgression shall be assessed and enforced within three months of transmission to the Commission and the Digital Market Advisory Committee.
2021/07/09
Committee: IMCO
Amendment 1182 #
Proposal for a regulation
Article 34 – paragraph 2 a (new)
2a. Meetings between representatives of gatekeepers and members of the Digital Market Advisory Committee and the Commission shall be registered and published monthly in line with the EU transparency register. To this end, the registration in the EU transparency register shall be mandatory for gatekeepers, undertakings and associations of undertakings pursuant to Article 3(1) of this Regulation.
2021/07/09
Committee: IMCO
Amendment 1184 #
Proposal for a regulation
Article 36 – paragraph 1 – point b a (new)
(ba) further specification of accessibility requirements of point (m - new) of Article 6.
2021/07/09
Committee: IMCO
Amendment 1199 #
Proposal for a regulation
Article 39 – paragraph 2 – introductory part
2. This Regulation shall apply from sixthree months after its entry into force.
2021/07/09
Committee: IMCO