Activities of Marcel KOLAJA related to 2023/2019(INI)
Shadow opinions (1)
OPINION on the implementation of the 2018 Geo-blocking Regulation in the digital single market
Amendments (32)
Amendment 1 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the crucial importance of the film and audiovisual sector for the EU at both economic and cultural level, and considers this sector vital for safeguarding the EU’s cultural and linguistic diversity and media pluralism; stresses that majority of European films receives EU and state fundings1aaimed to boost European and national culture, as a general principle, EU consumers should have access to art works financed with public funds; _________________ 1a https://rm.coe.int/fiction-film- financing-in-europe-2022-edition-m- kanzler/1680aa189b
Amendment 5 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls the results of the European Audiovisual Observatory’s study on Circulation on European Films on VOD and in cinemas; regrets that of all the films released over the last twenty years, less than 60% is currently available via streaming platforms in Europe and a vast majority of the titles are still not circulated outside their national market1a; _________________ 1a https://rm.coe.int/circulation-of- european-films-on-vod-and-in-cinemas- in-europe-2021-edi/1680a5779d
Amendment 15 #
Motion for a resolution
Recital E
Recital E
E. whereas the Geo-blocking Regulation must be considered in the context of the overall e-commerce package of measures, in particular regarding cross- border parcel delivery services, the revision of the Consumer Protection Cooperation Regulation and the revision of the directive on audio-visual media services, and reinforces its impact to boost the potential for cross-border e-commerce in Europe, as a prerequisite for the full functioning of the digital single market;
Amendment 16 #
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises the key financing principles of the sector, notably the indispensable territorial and exclusive allocation of licensing rights and contractual freedomat every European citizen should have a right to consume and enjoy culture and entertainment in their own language, while exercising their right to move and reside freely across the EU;
Amendment 19 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 20 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls the European Citizens Initiative Minority SafePack, which collected more than millions of signatures among European citizens, calling for abolishing geo-blocking across the EU, which is harming the rights of linguistic minorities; stresses the need to ensure that minority language concerns are taken into consideration in future regulations;
Amendment 20 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines the remaining untapped potential for cross-border economic activities that couldmust be encouraged by the removal of all geo-blocking barriers and the continued promotion of the free movement of products and services in line with the principles of the Geo-blocking Regulation;
Amendment 21 #
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes, in this regard, the Commission’s first short-term review of Regulation (EU) 2018/302 (the Geo- blocking Regulation) which upholds the continued exclusion of audiovisual services from the scope of the regulation; proves that demand for cross-border access to audiovisual services is steadily growing; stresses that 20% of young people (age 15- 25 years) tried accessing cross-border audiovisual content1a; _________________ 1a Flash Eurobarometer 477b, Cross border access to content online, June 2019
Amendment 24 #
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates the fact that the current system of exclusive territorial licensing ensures the sustainable financing of films and audiovisual content, and is crucial to ensuring both content diversity and a wide range of distribution business models, which ultimately benefit EU consumerunjustified and ineffective geo-blocking practices significantly undermine a flow of European cultural art pieces and prevent strengthening of harmonised Digital Single Market, which harms EU citizens;
Amendment 26 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines the importance of the Geo-blocking Regulation in building a more robust, coherent and, accessible and fair internal market for all citizens and businesses in the EU, regardless of their nationality, place of residence or establishment; stresses that further steps need to be taken to achieve the full potential of the Regulation, including by strengthening the legal framework supporting the cross- border exchange of goods and services, and by including audio-visual services in the scope of the Regulation;
Amendment 31 #
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that the inclusion of audiovisual services, videogames and ebooks in the scope of the Geo-blocking Regulation would result in a significant loss of revenue, putting investment in new content at risk, while eroding contractual freedom and reducing cultural diversity in both content production and distributionstrengthening of the European identity and would secure flow of European cultural artworks across the EU;
Amendment 35 #
Draft opinion
Paragraph 7
Paragraph 7
Amendment 37 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises that the Commission carried out its first review prior to the start of the COVID-19 pandemic, which means that changes to both consumer and trading behaviour triggered by the pandemic were therefore not reflected in the 2020 Commission report; recalls the changes in consumer habits and the rising preference for onlinepurchasing goods and services online that were additionally strengthened by the COVID-19 pandemic; underlines, therefore, the need to draw further conclusions based on the new data in this area, as and to consider introducing complementary measures for reducing market fragmentation, also taking into account that 12 % of EU businesses10 started or increased efforts to sell goods or services online due to the pandemic; __________________ 10 Eurostat, ‘Online sales efforts on the rise due to the pandemic’, 11 April 2022.
Amendment 42 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to fully apply and enforce the Geo-blocking Regulation and to act decisively against entities that deprive consumers of all the benefits offered by the single market, also by securing proper enforcement tools and enhancing cross-border cooperation, including through a reinforced Consumer Protection Cooperation (CPC) network; urges the Commission to step up efforts on coordination and to steer and monitor the cooperation in the CPC network, in order to ensure effective enforcement of the Geo-blocking Regulation; calls on the Commission to provide additional guidance on the enforcement of the Regulation and to strengthen equal enforcement and to initiate and follow-up on infringement procedures in order to avoid the fragmentation of the rules;
Amendment 44 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to conduct updated study on demand on cross-border access to audiovisual services;
Amendment 46 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Acknowledges the wide range of applicable minimum and maximum fines both across and within Member States; calls on the Commission to monitor more closely if such discrepancies could harm the effectiveness of the Regulation and if the introduction of harmonised sanctions is needed;
Amendment 48 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission to take all necessary steps to abolish geo-blocking practices within the Digital Single Market;
Amendment 49 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned that a full-scale evaluation, that should be carried out and presented by the Commission in 2025, will face challenges due to the delay in application and a lack of data; notes, however, that the progress in the digitalisation of trade in goods and services should by its nature ease cross-border access and promote competition among different EU businesses to the benefit of consumers;
Amendment 51 #
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Calls on the Commission to explore possibilities of establishing unitary European copyright with a goal to eradicate licensing barriers within the EU;
Amendment 55 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that one third of all complaints received by responding competent authorities were not actually covered by the Regulation, including, among other things, copyright-protected content and insurance services, which shows that consumers perceive Geoblocking as particularly problematic in these areas; is concerned by the fact that consumers are still unaware of the coverage of the Regulation and calls on the Commission and on the Member States to improve efforts on awareness raising campaigns;
Amendment 63 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recognises that certain price differences canstill exist for cross-border customers, which can; notes that these differences could only be justified if based on different value added tax (VAT) rates andor higher costs for cross-border delivery and running business operations; believes, however, that consumers should not be blocked from accessing competitive offers made available across the single market by the same or other providers;
Amendment 79 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the fact that some unjustified obstacles persist with regard to registration and payment methods online, so that cross-border customers are often not able to register on websites requiring registration, or pay for the requested service without presenting an address or payment method linked to Member State specific banks, Member State specific payment systems or to an address in the local country, thus diminishing the objective of the Regulation to ‘shop like a local’;
Amendment 86 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the progress made in terms of the cross-catalogue availability of music, e-book, video game and software products and services, both in subscription and transaction-based models; regrets the limited improvements regarding the cross- catalogue availability of video content and live sports events, which contribute to consumers’ perception that the audiovisual services sector is applying the highest level of geo-blockingand calls on the Commission to abolish geo-blocking practices concerning audiovisual services and to ensure that such services are also covered by the Regulation;
Amendment 93 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes the popularity of different tools among consumers used to avoid geo- blocking restrictions, especially for audiovisual content; considers it important to recognise that the steady modernisation and adaptation of theis convinced that this popularity shows the increasing demand to access cross-border audiovisual contents by consumers, which is also confirmed by the Eurobarometer, according to which 20% of young people (age 15-25 years) tried accessing cross- border audiovisual serviccontent; stres sector to new consumer expectations might be more effective than undermining the effective use of such tools that this demand should be duly taken into account by the Commission, which should propose prohibiting geo-blocking practices of audiovisual services, thus making unnecessary the use of tools to avoid geo-blocking restrictions;
Amendment 97 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Stresses that discrimination based on nationality, residence and location in relation to access to audiovisual content is an existing problem in the EU; recalls the report from the European Commission confirming that consumers in Greece have access to 1.3% of all the titles available in all EU Member States, while consumers in Germany have access to 43.1% of all film titles available in all Member States;
Amendment 103 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Recalls the European Citizens Initiative Minority SafePack, which collected more than millions of signatures among European citizens, calling for abolishing geo-blocking across the EU, which is harming the rights of linguistic minorities; stresses the need to ensure that minority language concerns are taken into consideration in future regulations;
Amendment 108 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that the Portability Regulation12 delivered substantial benefits to consumers who expect to receive continued access to their services when they are temporarily present in another Member State; welcomes the Commission’s ongoing stakeholder dialogue on access to and the availability of audiovisual content across the EU; emphasises, however, that further clarity is needed on the services covered by the Portability Regulation and that further actions are needed to meet consumers expectations concerning the cross- catalogue availability of and cross-border access to sports events via streaming services; calls, therefore, on the Commission and the Member States to carefully assess all options that will reduce, in order to give them not only the possibility to ‘shop like a local’ but also to ‘watch like a local’; calls, therefore, on the Commission and the Member States to carefully assess all options, including adapting to the potential viewers within the EU market the agreement between the economic operators involved in the audiovisual sector, in order to abolish the unjustified and discriminatory geo- blocking barriers for access to audiovisual services and sports events, without harming the different actors in the supply chain and while taking into account the potential impact on diversity and the available financing of the creative sector; reminds the Commission to present Parliament with the outcome of its stakeholder dialogue on possibly extending the scope of the Geo-blocking Regulation to audiovisual content; __________________ 12 Regulation (EU) 2017/1128 of 14 June 2017 on cross-border portability of online content services in the internal market, OJ L 168, 30.6.2017, p.1.
Amendment 113 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. In this context, urges the Commission to propose, at the latest by September 2024, the comprehensive revision of Geoblocking Regulation, consisting, in particular, of the inclusion of audiovisual services in the scope of this Regulation, and the deletion from Article 4(1)(b) of the exclusion of electronically supplied services, the main feature of which is the provision of access to or use of copyright-protected works or other protected subject matter;
Amendment 128 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
Amendment 129 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Calls on the Commission to explore possibilities of establishing unitary European copyright with a goal to eradicate licensing barriers within the EU;
Amendment 130 #
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20 c. Calls on the Commission to take all necessary steps to abolish geo-blocking practices within the single market, including in relation to audiovisual services;
Amendment 131 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges for a full assessment of possible synergies with other measures of the digital single market strategy, such as Regulation (EU) 2018/644 on cross- border parcel delivery services, that should help increasing the transparency of cross-border tariffs, and the changes in the area of VAT for cross- border e- commerce that entered into force on 1 July 2021 and, which are supposed to reduce compliance costs for traders with cross- border operations and, hence, encourage more traders to deliver goods or services cross-border, and Regulation (EU) 2018/64413 on cross-border parcel delivery services that should help increase the transparency of cross-border tariffstresses that, although not directly addressed by the Regulation, delivery limitations in cross-border online sales still affect more than 50% of shopping attempts, frustrating consumer expectations; __________________ 13 Regulation (EU) 2018/644 of 18 April 2018 on cross-border parcel delivery services, OJ L 112, 2.5.2018, p. 19.