34 Amendments of Jorge BUXADÉ VILLALBA related to 2020/0374(COD)
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 5
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.
Amendment 179 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
Article 2 – paragraph 1 – point 2 – point h a (new)
(ha) web browsers;
Amendment 199 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18a) ‘Search results’: the range of products or services which the end-user or professional user finds online ordered according to the demand for those products or services and which may not, under any circumstances, be altered by the gatekeepers for their own benefit;
Amendment 219 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 225 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 3
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, at the request of the Member States, shall be entitled to designate that provider as a gatekeeper.
Amendment 227 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 4
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, at the request of the Member States, shall be entitled to designate that provider as a gatekeeper based on facts available.
Amendment 230 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The Commission may upon request or its own initiative reconsider, amend or repeal at any moment a decision adopted pursuant to Article 3 for one of the following reasons:
Amendment 233 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall, on a quarterly basis and whenever the Member States so request, publish and update the list of gatekeepers and the list of the core platform services for which they need to comply with the obligations laid down in Articles 5 and 6 on an on-going basis.
Amendment 236 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
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 Regulation (EU) 2016/679. ;
Amendment 261 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) ban on ‘auctioning insider knowledge’ in the digital advertising market in order to avoid any knowledge advantage on the part of gatekeepers.
Amendment 273 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating in a preferential or more favourablye manner in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non- discriminatory conditions to such ranking;
Amendment 289 #
Proposal for a regulation
Article 6 – paragraph 1 – point k
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions of access and treatment for business users to its software application storcore platform service, in particular its software application store, its online search engine and its social network service designated pursuant to Article 3 of this Regulation.
Amendment 294 #
Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
Article 6 – paragraph 1 – point k a (new)
(ka) allow gatekeepers to participate in binding procedures so that they can set a fair price for the services offered, as is the case with publisher’s right licenses.
Amendment 296 #
Proposal for a regulation
Article 6 – paragraph 1 – point k b (new)
Article 6 – paragraph 1 – point k b (new)
(kb) in the event of a dispute concerning the fairness of a price or remuneration as a condition for access by professional users to each of the core services of its platform identified in accordance with Article 3(7), the gatekeeper shall participate in a binding procedure for the setting of an equitable price or remuneration and adhere to its results. The procedure regarding the issue of remuneration and price shall start if the parties have not reached an agreement about terms for resolving the issue of remuneration and pricing within 3 months of the request by one party to start a negotiation or of one party’s refusal to negotiate.
Amendment 311 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission may, on a reasoned request by the gatekeeper, or acting by court order, 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.
Amendment 313 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The Commission may, acting on a reasoned request by a gatekeeper or on a court order, 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.
Amendment 314 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission may, acting on a reasoned request by a gatekeeper or on its own initiativea court order or upon the request of the Member States, 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.
Amendment 316 #
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The Commission may, acting on a reasoned request by a gatekeeper or on its own initiativea court order or upon the request of the Member States, 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.
Amendment 318 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 325 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. A gatekeeper shall inform the Commission and the national authorities 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.
Amendment 327 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
A gatekeeper shall inform the Commission and the national authorities of such a concentration prior to its implementation and following the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest.
Amendment 335 #
Proposal for a regulation
Article 14 – paragraph 3 – point a a (new)
Article 14 – paragraph 3 – point a a (new)
(aa) a national authority responsible so requests
Amendment 338 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission may, solely upon request of at least 3 Member States’ national authorities, 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 twelve months from the opening of the market investigation.
Amendment 351 #
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
Amendment 352 #
Proposal for a regulation
Article 17 – paragraph 2 – point b a (new)
Article 17 – paragraph 2 – point b a (new)
(ba) be circulated prior to its publication to the relevant national authorities so that they may include amendments and specific recommendations;
Amendment 353 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission may by simple request or by decision, acting only upon request of a Member State and providing due justification for its actions while respecting the principle of subsidiarity and the principle of proportionality, may require information from undertakings and associations of undertakings to provide all necessary information, including for the purpose of monitoring, implementing and enforcing the rules laid down in this Regulation. The Commission may also request access to data bases and algorithms of undertakings and request explanations on those by a simple request or by a decisionin full respect of confidentiality and Directive 2016/943 on trade secrets.
Amendment 354 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. When sending a simple request for information to an undertaking or association of undertakings, the Commission shall state the legal basis, the purpose of the request, specify what information is required and fix tha reasonable time-limit within which the information is to be provided, and the penalties provided for in Article 26 for supplying incomplete, incorrect or misleading information or explanations.
Amendment 355 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the Commission requires undertakings and associations of undertakings to supply information by decision, it shall always respect confidentiality and the provisions of Directive 2016/943 on trade secrets, state the purpose of the request, specify what information is required and fix the time- limit within which it is to be provided. Where the Commission requires undertakings to provide access to its data- bases and algorithms, it shall state the legal basis and the purpose of the request, and fix the time- limit within which it is to be provided. It shall also indicate the penalties provided for in Article 26 and indicate or impose the periodic penalty payments provided for in Article 27. It shall further indicate the right to have the decision reviewed by the Court of Justice. At any rate, in the event that certain confidential information provided to the Commission is leaked, voluntarily or erroneously, directly or indirectly, the Commission shall be subsidiarily liable for remedying any actual or potential damage caused to the undertaking.
Amendment 358 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. At the request of the Commission, the governments and authorities of the Member States shallmay provide the Commission with all necessarydditional information to carry out the duties assigned to it by this Regulation.
Amendment 359 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The Commission may interview any natural or legal person which consents to being interviewed for the purpose of collecting information, relating to the subject-matter of an investigation, including in relation to the monitoring, implementing and enforcing of the rules laid down in this Regulation. The reason for the interview shall be stated in the summons and under no circumstances shall the interview be compulsory for the interviewee.
Amendment 361 #
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. The Commission shall inform the competent national authorities of the records and visits and shall share with those authorities any information obtained therefrom.
Amendment 364 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In case of urgency due to the risk of serious and irreparable damage for business users or end users of gatekeepers, the Commission may, by decision adopt in accordance with the advisory procedure referred to in Article 32(4), order interim measures against a gatekeeper on the basis of a prima facie finding of an infringement of Articles 5 or 6. The Commission’s decision shall not encompass national competences and shall be strictly in line with the principle of subsidiarity.
Amendment 395 #
Proposal for a regulation
Article 37
Article 37
Amendment 399 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. By DD/MM/YYYY, and subsequently every three years, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committeenational Parliaments and authorities.