64 Amendments of Carles PUIGDEMONT I CASAMAJÓ related to 2020/0361(COD)
Amendment 11 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) The digitalisation of the economy has developed new services and products together with new forms of labour which tend to be under unequal labour rights than off-line sectors, or even under precarious job contracts both in terms of time and salary. The COVID–19 pandemic has increased the exposure of these workers to the disease, increasing such inequality. The Union is not yet reaping all the benefits of interoperability, particularly dueto shortcomings in standard-setting, public procurement and coordination between national and regional competent authorities. The COVID–19 pandemic has become a context opportunity for governments all around the world, also in the Union, both in State and regional levels, to develop contact-tracing applications in order to trace individuals with the disease. Some contact-tracing applications that ignore privacy are mandatory, with every user being identified, have been developed in countries with authoritarian regimes. Contact-tracing application may become a threat to individual freedoms if not limited legally.
Amendment 18 #
Proposal for a regulation
Recital 8
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. Finally, minority languages, either official of the Union or not, should also be guaranteed and used. _________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
Amendment 19 #
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provision of intermediary services, in particular Directive 2000/31/EC, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/.. of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. However, the rules of this Regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave Member States the possibility of adopting certain measures at national level, and where applicable regional, level. Finally, in the case of large streaming platforms from third countries but with strong market implementation in the Union, they should have incentives to include content from small or medium audiovisual production companies, in all languages of the Union, advertising and promoting these products. The Commission, together with the Board, Member States, or where applicable regions, should assess what incentives should be given to these streaming platforms. These providers of audiovisual digital services should share information with all relevant stakeholders through the Digital Services Data Space. _________________ 28 Directive 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) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation
Amendment 35 #
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47 a) Digital Services Coordinators should not present any conflict of interest with large online platforms or with private parties or political parties. This would ensure that they follow the interest of consumers and users, as well as enforce the current Regulation and the Union's digital legislative framework. Digital Services Coordinators should protect and guarantee the rights of consumers, users, and minorities, whether national, social, cultural, and linguistic.
Amendment 42 #
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
Amendment 44 #
Proposal for a regulation
Recital 54 b (new)
Recital 54 b (new)
(54 b) It should also be considered necessary to discern between the different platforms, goods, services, workforce or mixed, and assess whether the same should be required on different platforms. The Commission should clarify the limits of the responsibilities of each party and its proportionality. Companies using online platforms should also bear responsibility for the information of the products and services they provide since it is becoming increasingly difficult for the consumer to distinguish whether the product is sold and controlled by the Marketplace or whether it is sold by a third party from which there is no control. Marketplaces should be required to validate suppliers and products. The regulation should incorporate governance mechanisms and promote the exchange of data between platforms and the public administration to ensure compliance with the law. Online platforms should provide for open data to the Digital Services Data Space, which could be also the best foundation to drive innovation.
Amendment 48 #
Proposal for a regulation
Recital 57
Recital 57
(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. The Health in All Policies principle should also be regarded as a guiding principle of digital policies, particularly taking into account mental health. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.
Amendment 51 #
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61 a) The European Digital Services Board should implement a Digital Services Data Space. This Data Space should be built upon distributed ledger technology (DLT), also known as blockchain. Digital services providers, Digital Services Coordinators, the Commission, the Board, national and regional competent authorities, should be able to share information among themselves through this Data Space.
Amendment 55 #
Proposal for a regulation
Recital 68
Recital 68
(68) It is appropriate that this Regulation identify certain areas of consideration for such codes of conduct. In particular, risk mitigation measures concerning specific types of illegal content should be explored via self- and co-regulatory agreements. Another area for consideration is the possible negative impacts of systemic risks on society and democracy, such as disinformation or manipulative and abusive activities. This includes coordinated operations aimed at amplifying information, including disinformation, such as the use of bots or fake accounts for the creation of fake or misleading information, sometimes with a purpose of obtaining economic gain, which are particularly harmful for vulnerable recipients of the service, such as children. Online platforms, and in particular social media services which target a young audience, should be designed with the best interests of the child and the adolescent. In relation to such areas, adherence to and compliance with a given code of conduct by a very large online platform may be considered as an appropriate risk mitigating measure. The refusal without proper explanations by an online platform of the Commission’s invitation to participate in the application of such a code of conduct could be taken into account, where relevant, when determining whether the online platform has infringed the obligations laid down by this Regulation.
Amendment 59 #
Proposal for a regulation
Recital 76 a (new)
Recital 76 a (new)
(76 a) Some Member States have devolved competences on digital policy, partially or totally, to their federated entities or their regions or local entities. This means that these entities should be able to appoint their own competent authorities, duly in coordination with the European Digital Services Board.
Amendment 70 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) set out uniform rules for a safe, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected, especially for children below 18.
Amendment 72 #
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(b a) protect the consumer and the minors by ensuring product safety;
Amendment 73 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation shall apply to intermediary services provided to recipients of the service that have their place of establishment or residence in the Union, irrespective of the place of establishment of the providers of those services. The Commission and the national and regional competent authorities shall ensure enforcement on non-EU companies that target their activities to one or several Member States or regions.
Amendment 74 #
Proposal for a regulation
Article 1 – paragraph 5 – introductory part
Article 1 – paragraph 5 – introductory part
5. This Regulation is without e Commission shall ensure that this Regulation is duly and comprehensibly aligned with the existing relevant legislation in order to fix any possible legal discrepancy. This Regulation is therefore without prejudice to the rules laid down by the following:
Amendment 80 #
Proposal for a regulation
Article 2 – paragraph 1 – point m
Article 2 – paragraph 1 – point m
(m) ‘Digital Services Coordinator of destination’ means the Digital Services Coordinator of a Member State where the intermediary service is provided, with the possibility of devolution to regions in those Member States with devolved digital competences to regions or other territorial entities;
Amendment 82 #
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘advertisement’ means information designed to promote the message of a legal or natural person, or a product or a service, irrespective of whether to achieve commercial or non-commercial purposes in a direct or indirect way, aiming to market or rank information, and displayed by an online platform on its online interface against remuneration specifically for promoting that information;
Amendment 86 #
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) ‘recommender system’ means a fully or partially automated system used by an online platform to suggest, rank and prioritise techniques in its online interface specific information to recipients of the service, including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed;
Amendment 90 #
Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
Article 2 – paragraph 1 – point q a (new)
(q a) 'online marketplaces' means the definition on 'online marketplaces' laid down in Article 2.1 n) of the Unfair Commercial Practices Directive, as amended by Directive 2019/2161;
Amendment 92 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Paragraph 1 shall not apply where the recipient of the service is acting under the authority or the control of the provider. Consumers shall be able to exercise against the intermediary service provider all the rights and remedies, including compensation for damages, repair, replacement, price reduction, contract termination or reimbursement of the price paid.
Amendment 94 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under Union and, if applicable, national and regional consumer protection law of online platforms allowing consumers to conclude distance contracts with traders, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control. This shall be also assessed as a positive liability framework for online marketplaces at Union level in order to address the existing problems related to widespread illegal activities in online marketplaces.
Amendment 98 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. The Commission and the national and regional competent authorities shall foresee specific remedies for consumers in case the intermediary service provider is in breach of its own obligations listed in this Regulation.
Amendment 100 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry out voluntary own-initiative investigations or other activities aimed at detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements of Union law, including those set out in this Regulation. In case a provider does not carry out voluntary investigations or other activities aimed at the acts laid down in paragraph 1 of Article 6 during a lapse of 18 months after continued signalling by consumers or users to the Commission or the national or regional relevant authorities, the Commission or the national, or when applicable regional, competent authorities shall assess whether it is necessary to deem the provider as ineligible for the exemptions from liability.
Amendment 102 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
No general obligation to monitor the information which providers of intermediary services transmit or store, nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers. unless there has been a serious breach of Union law in terms of a grave attempt on human rights, signalled continuously by consumers or users to the relevant authorities.
Amendment 104 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Providers of intermediary services shall, upon the receipt of an order to act against a specific item of illegal content, issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national or, where applicable, regional law, in conformity with Union law, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken. Providers of intermediary services and national judicial or administrative authorities shall act with the utmost respect especially towards national, social, linguistic and cultural minorities.
Amendment 106 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. Member States shall not use this Regulation, either directly through the public administration or their Digital Services Coordinators, or indirectly through the private contracted services, with the aim to delude, undermine, or attack national, social, linguistic and cultural minorities. The Commission shall assess the correct use of the provisions set by this Regulation by the Member States.
Amendment 107 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Member States, and where applicable also regions, shall ensure that the orders referred to in paragraph 1 meet the following conditions:
Amendment 108 #
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 1
Article 8 – paragraph 2 – point a – indent 1
— a statement of reasons explaining why the information is illegal content, by reference to the specific provision of Union or national or regional law infringed;
Amendment 110 #
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 2
Article 8 – paragraph 2 – point a – indent 2
— one or more exact uniform resource locators and, where necessary, additional information enabling the identification of the illegal content concerned, and the Commission shall assess if a timeline should be adapted to the size and resources of companies affected;
Amendment 111 #
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 3
Article 8 – paragraph 2 – point a – indent 3
— information about redress available to the provider of the service and to the recipient of the service who provided the content, taking into account the timeline that the Commission may have established to the company affected;
Amendment 112 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the territorial scope of the order, on the basis of the applicable rules of Union and national and regional law, including the Charter, and, where relevant, general principles of international law, does not exceed what is strictly necessary to achieve its objective;
Amendment 113 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Digital Services Coordinator from the Member State of the judicial or administrative authority issuing the order shall, without undue delay, transmit a copy of the orders referred to in paragraph 1 to all other Digital Services Coordinators through the system established in accordance with Article 67. The Digital Services Coordinator shall not use this legal prerogative to act against national, social, linguistic or cultural minorities.
Amendment 114 #
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law in conformity with Union law.
Amendment 115 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, issued by the relevant national, or where applicable regional, judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union, where applicable regional, law in conformity with Union and, if necessary, International law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order.
Amendment 117 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member StatesThe Commission, Member States, or where applicable regions, shall ensure that orders referred to in paragraph 1 meet the following conditions:
Amendment 118 #
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 1
Article 9 – paragraph 2 – point a – indent 1
— a statement of reasons explaining the objective for which the information is required and why the requirement to provide the information is necessary and proportionate to determine compliance by the recipients of the intermediary services with applicable Union or national, or where applicable regional, rules, unless such a statement cannot be provided for reasons related to the prevention, investigation, detection and prosecution of criminal offences;
Amendment 119 #
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 2 a (new)
Article 9 – paragraph 2 – point a – indent 2 a (new)
- the Commission shall assess if a timeline should be adapted to the size and resources of companies affected;
Amendment 120 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. Member States shall not use this Regulation, either directly through the public administration or their Digital Services Coordinators, or indirectly through the private contracted services, with the aim to delude, undermine, or attack national, social, linguistic and cultural minorities. The Commission shall assess the correct use of the provisions set by this Regulation by the Member States.
Amendment 121 #
3. The Digital Services Coordinator from the Member State of the national judicial or administrative authority issuing the order shall, without undue delay, transmit a copy of the order referred to in paragraph 1 to all Digital Services Coordinators through the system established in accordance with Article 67. The Digital Services Coordinator shall not use this legal prerogative to act against national, social, linguistic or cultural minorities.
Amendment 122 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law in conformity with Union law.
Amendment 123 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Providers of intermediary services shall establish a single point of contact allowing for direct communication, by electronic means, with Member States’ authorities, regional authorities where applicable, the Commission and the Board referred to in Article 47 for the application of this Regulation.
Amendment 125 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact. All the official languages of the Union and its Member States, including minority languages, shall be respected and its use guaranteed.
Amendment 126 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Providers of intermediary services shall specify in the information referred to in paragraph 2, the official language or languages of the Union, also the ones not official in the Union but official or with another level of officialdom in its Member State, which can be used to communicate with their points of contact and which shall include at least one of the official languages of the Member State or the region in which the provider of intermediary services has its main establishment or where its legal representative resides or is established.
Amendment 128 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Providers of intermediary services which do not have an establishment in the Union but which offer services in the Union shall designate, in writing, a legal or natural person as their legal representative in one of the Member States, or where applicable the region, where the provider offers its services.
Amendment 129 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Providers of intermediary services shall mandate their legal representatives to be addressed in addition to or instead of the provider by the Member States’ authorities, the regional authority, the Commission and the Board on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation. Providers of intermediary services shall provide their legal representative with the necessary powers and resource to cooperate with the Member States’ authorities, the regional authority, the Commission and the Board and comply with those decisions.
Amendment 150 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
The first subparagraph is without prejudice to the right of the recipient concerned to redress against the decision before a court in accordance with the applicable law. The dispute settlement body shall be independent and shall not present any conflict of interest with the provider.
Amendment 151 #
Proposal for a regulation
Article 18 – paragraph 2 – point d
Article 18 – paragraph 2 – point d
(d) it is capable of settling dispute in a swift, efficient and cost-effective manner and in at least one officithe languages of the territory where the dispute happened, whether or not they are official of the Union, and in at least one of the institutional languages of the Union;
Amendment 152 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
The Digital Services Coordinator shall, where applicable, specify in the certificate the particular issues to which the body’s expertise relates and the official language or languages of the Union in which the body is capable of settling disputes, as referred to in points (b) and (d) of the first subparagraph, respectively.
Amendment 158 #
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2 a. Regional and local authorities shall promptly inform the Board or the law enforcement or judicial authorities of the Member State or Member States concerned and provide all relevant information available of its suspicion that a serious criminal offence involving a threat to the life or safety of persons, or offences to national, social, cultural, and linguistic minorities, has taken place, is taking place or is likely to take place.
Amendment 192 #
Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)
Article 24 – paragraph 1 – point c a (new)
(c a) using all languages official in the Union, at local, regional, and national level.
Amendment 202 #
Proposal for a regulation
Article 25 – paragraph 4 – subparagraph 1 a (new)
Article 25 – paragraph 4 – subparagraph 1 a (new)
As long as Digital Services Coordinators and the Board are not implemented and their duties have not yet started after the entry into force of this Regulation, the Commission shall enforce this Regulation to very large online platforms as efficiently as possible.
Amendment 207 #
Proposal for a regulation
Article 26 – paragraph 1 – point c a (new)
Article 26 – paragraph 1 – point c a (new)
(c a) any attack or activity undermining national, social, cultural and linguistic minorities;
Amendment 213 #
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2 a. The Board and the Commission shall implement a Digital Services Data Space with digital ledger technology (DLT) where providers of digital services, the Commission, the Digital Services Coordinators, and the Board shall be able to share standards, as well as best practices and lessons learned. The Board shall present an annual report of the new standards, best practices and lessons learned shared in the Digital Services Data Space. This annual report shall be public and easily accessible.
Amendment 216 #
Proposal for a regulation
Article 35 – paragraph 5 a (new)
Article 35 – paragraph 5 a (new)
5 a. These codes shall also be stored and shared in the Digital Services Data Space.
Amendment 219 #
Proposal for a regulation
Article 36 – paragraph 3 a (new)
Article 36 – paragraph 3 a (new)
3 a. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between online platforms, relevant service providers in the accommodation sector, and transport and mobility sector, and relevant authorities to contribute to addressing illegal short term rentals and to facilitate the enforcement of registration and authorisation schemes.
Amendment 220 #
Proposal for a regulation
Article 36 – paragraph 3 b (new)
Article 36 – paragraph 3 b (new)
3 b. When there are serious negative externalities posed by home-sharing digital services, transport applications such as car sharing or bike or scooter sharing, or delivery digital services, that disrupt the market, especially in urban areas, authorities shall inform the Digital Services Coordinator of their Member State, as well as their national or regional competent authority and the Board, of the legal measures or policies they wish to implement and enforce in order to solve these externalities. Finally, through the Digital Services Data Space, local or regional authorities may also share their information as well as retrieve information from their peers and other stakeholders using this Data Space in order to better solve the negative externalities posed by some digital services.
Amendment 224 #
Proposal for a regulation
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1 a. The Commission shall develop contingency plans for the tourism sector for future crises, including standards for cancellations, travel warnings and information flows happening during these crises;
Amendment 225 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall designate one or more competent authorities as responsible for the application and enforcement of this Regulation (‘competent authorities’). Where applicable, regions shall have their own competent authority for the application and enforcement of this Regulation.
Amendment 226 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1
Article 38 – paragraph 2 – subparagraph 1
For that purpose, Digital Services Coordinators shall cooperate with each other, other national and regional competent authorities, the Board and the Commission, without prejudice to the possibility for Member States to provide for regular exchanges of views with other authorities where relevant for the performance of the tasks of those other authorities and of the Digital Services Coordinator.
Amendment 227 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 2
Article 38 – paragraph 2 – subparagraph 2
Where a Member State designates more than one competent authority in addition to the Digital Services Coordinator, it shall ensure that the respective tasks of those authorities and of the Digital Services Coordinator are clearly defined and that they cooperate closely and effectively when performing their tasks. The Member State concerned shall communicate the name of the other competent authorities as well as their respective tasks to the Commission and the Board. Member States shall not use this Regulation, either directly through the public administration or their Digital Services Coordinators, or indirectly through the private contracted services, with the aim to delude, undermine, or attack national, social, linguistic and cultural minorities. The Commission shall assess the correct use of the provisions set by this Regulation by the Member States.
Amendment 232 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. When carrying out their tasks and exercising their powers in accordance with this Regulation, the Digital Services Coordinators shall act with complete independence. They shall remain free from any external influence, whether direct or indirect, and shall neither seek nor take instructions from any other public authority or any private party. They shall not present any conflict of interest with online platforms, especially very large online platforms, or with any political party of the Member State. The Board shall assess whether a Digital Services Coordinator has conflict of interests and within two months demand the Commission to enforce the replacement of the Digital Services Coordinator by the Member State.
Amendment 234 #
Proposal for a regulation
Article 39 – paragraph 2 a (new)
Article 39 – paragraph 2 a (new)
2 a. Member States shall not use this Regulation, either directly through the public administration or their Digital Services Coordinators, or indirectly through the private contracted services, with the aim to delude, undermine, or attack national, social, linguistic and cultural minorities. The Commission shall assess the correct use of the provisions set by this Regulation by the Member States.
Amendment 240 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Digital Services Coordinators shall draw up an annual report on their activities under this Regulation. They shall make the annual reports available to the public, and shall communicate them to the Commission and to the Board, which shall include them in the Digital Services Data Space.
Amendment 241 #
Proposal for a regulation
Article 47 – paragraph 2 – point c a (new)
Article 47 – paragraph 2 – point c a (new)
(c a) implement the Digital Services Data Space with distributed ledger technology (DLT) in order to share standards, codes, reports, best practices, lessons learned with digital services providers, Digital Services Coordinators, and the Commission;
Amendment 246 #
Proposal for a regulation
Article 49 – paragraph 1 – point e a (new)
Article 49 – paragraph 1 – point e a (new)
(e a) manage the Digital Services Data Space;