Activities of Jiří MAŠTÁLKA related to 2015/0284(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on ensuring the cross-border portability of online content services in the internal market PDF (1 MB)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on ensuring the cross-border portability of online content services in the internal market
Amendments (33)
Amendment 64 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) As portability applies to previously acquired online content, it should be understood as an essential component of cross-border access. Therefore, the objective of this Regulation is also to ensure cross-border access for private and public users such as libraries and educational and cultural projects and institutions that need to access online content while being present in another Member State.
Amendment 75 #
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should apply only to online content services which subscribers can effectively access and use in the Member State in which they habitually reside without being limited to a specific location and device, as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders.
Amendment 75 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt theprovide a legal framework in order to ensure that the licensing of rights no longer presents barriers to cross-border portability of online content services in the Union and that the cross- border portability can be ensuredfor the provision of online content services based on a robust enforcement mechanism underpinning a legal fiction designed to permit portability of online content services to consumers who are temporarily present in a Member State other than their Member State of residence without additional costs.
Amendment 79 #
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation should apply to online content services which are provided against payment of money. Providers of such services are in a position to verify the Member State of residence of their subscribers and their temporary presence in another Member State. The right to use an online content service should be regarded as acquired against payment of money whether such payment is made directly to the provider of the online content service, or to another party such as a provider offering a package combining a telecommunications service and an online content service operated by another provider. The payment of a mandatory fee such as a broadcasting license fee should not be regarded as a payment of money to receive an online content service.
Amendment 90 #
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation should apply to online content services which are provided against payment of money. Providers of such services are in a position to verify the Member State of residence of their subscribers. The right to use an online content service should be regarded as acquired against payment of money, including the payment of a mandatory fee such as a broadcasting fee, whether such payment is made directly to the provider of the online content service, or to another party such as a provider offering a package combining a telecommunications service and an online content service operated by another provider.
Amendment 94 #
Proposal for a regulation
Recital 17
Recital 17
(17) OProviders of online content services which are provided without payment of money are alsoshould have the option to be included in the scope of this Regulation toif the extent that providers verify the Member State of residence of their subscribers. Online content services which are provided without the payment of money and whose providers do not verifyy decide so and provided that they comply with the requirements on the verification of the Member State of residence o. If their subscribers should be outside the scope of this Regulay exercise this option as, their inclusion would involve a major chany should be obliged to the way these services are delivered and involve disproportionate costs. As concerns verificcomply with the provisions of this Regulation ofin the subscriber's Member State of residence, information such as a payment of a licence fee for other services provided in the Member State of residence, the existence of a contract for internet or telephone connection, IP address or other means of authentication, same way as providers of online content services which are provided against payment of money. If they decide so, they should inform subscribers and the hould be relied upon, if they enable the provider to have reasonable indicators as to the Member State of residence of its subscribersers of copyright and related rights of their decision to exercise that option.
Amendment 110 #
Proposal for a regulation
Recital 19
Recital 19
(19) Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shall not be liable if the quality of delivery of the service is lower to the extent that it does not discriminate on the basis of place of residence. Nevertheless, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shallould be bound by such agreement.
Amendment 123 #
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. TheThis Regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this Regulation. It is necessary, however, to ensure that the required means are reasonable, not intrusive, proportionate and do not go beyond what is strictly necessary in order to achieve this purpose. Examples of the necessary technical and organisational measures may include sampling of IP address instead of constant monitoring of location, transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measures. Considering that for purposes ofTo that effect, service providers should rely on the verification what mattermeans lis not the location, but rather, in which Member State the subscriber is accessing the service, precise location data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be requiredted in this Regulation. Those means should also not constitute an excessive burden for subscribers.
Amendment 144 #
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approach to ensuring that subscribers to portable online content services in the Union, when temporarily present in a Member State, can access and use these services, while respecting the relevant copyright and related rights of content accessed and used.
Amendment 151 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
(1a) This Regulation applies to all online content services which are provided to a subscriber against payment of money.
Amendment 153 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1a Online content services provided without payment of money are also covered by the scope of the Regulation as long as the provider verifies the subscriber's Member State of residence.
Amendment 155 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) "Consumer" means any natural person who, in contracts covered by this Regulation, is acting for purposes which are outside his or her trade, business, craft or professor any non-profit educational or cultural institution or project, in contracts covered by this Regulation;
Amendment 156 #
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approach in the Union to ensuring that subscribers to online content services in the Union, whenir Member States of residence can access and use those services, without any additional charge, when they are temporarily present in another Member State, can access and use these services.
Amendment 162 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) "Member State of residence" means the Member Statecountry where the subscriber is habitually residing; has his or her centre of interest and to which he or she regularly returns;
Amendment 162 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Online content services provided without payment of money are also covered by this Regulation as long as the provider verifies the subscriber's Member State of residence.
Amendment 171 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Temporarily present" means a presence of a subscriber in a Member State other than the Member State of residence for a limited period of time;
Amendment 180 #
Proposal for a regulation
Article 2 – paragraph 1 – point e – point 2
Article 2 – paragraph 1 – point e – point 2
(2) without payment of money provided that theas long as the provider of an online content service verifies subscriber's Member State of residence is verified by the provider;
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) "Portable" means that subscribers can effectively access and use the online content service in the Member State of residence without being limited to a specific location and device.
Amendment 183 #
Proposal for a regulation
Article 2 – point e – subparagraph 2 – point 1
Article 2 – point e – subparagraph 2 – point 1
(1) against payment of money, including a mandatory fee such as a broadcasting licence fee; or
Amendment 187 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) The provider of an online content service shall enable a subscriber who is temporarily present in a Member State to access and use the online content service available in his Member State of residence without imposing additional costs.
Amendment 200 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 a (new)
Article 3 – paragraph 3 – subparagraph 1 a (new)
Notwithstanding paragraph 2, the subscriber shall not be prevented from accessing his or her subscription with the same level of quality that is provided to the subscribers habitually residing in the Member State where he is temporarily present.
Amendment 201 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3a) Paragraph 1 is without prejudice to the possibility of the service provider allowing the subscriber to also access the content licensed to the service provider in the Member State where the subscriber is temporarily present.
Amendment 202 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Notwithstanding paragraph 2, and unless objective technical failures occur, providers of online content services shall guarantee to the subscriber who is temporarily present in a Member State other than his or her Member State of residence the same level of quality that is provided to the subscribers habitually residing in the Member State in which he or she is temporarily present.
Amendment 205 #
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. Online service providers shall not limit the obligation set out in Article 3(1) on the basis of the use of any specific technology or devices.
Amendment 206 #
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
Amendment 207 #
Proposal for a regulation
Article 3 – paragraph 3 c (new)
Article 3 – paragraph 3 c (new)
(3c) Compliance by service providers with the obligation of paragraph 1 does not give rise to additional remuneration rights for holders of copyright and those holding any other rights relevant for the use of content in online content services.
Amendment 215 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a The provider of an online content service provided without payment of money may choose to enable its subscribers who are temporarily present in a Member State to access and use the online content service in accordance with this Regulation on the condition that the provider verifies the subscriber's Member State of residence in accordance with Article 3b.
Amendment 218 #
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3b Verification of the Member State of residence (1) The service provider of an online content service shall verify the Member State of residence of the subscriber by means that are reasonable, non-intrusive and proportionate. These means shall not constitute an excessive burden on the subscriber. (2) In order to comply with the obligation set out in paragraph 1, the provider shall rely on the following verification means: (a) an identity card or any other valid document confirming the subscriber's Member State of residence; (b) the billing address or the postal address of the subscriber; (c) bank details such as bank account, credit or debit card of the subscriber; (d) the subscriber being a party to a contract for an internet or telephone connection in the Member State. (3) The service provider may not be requested by holders of copyright and related rights or those holding any other rights relevant for the use of content in online content services to request the subscriber to provide additional means of verification if the habitual residence has already been verified in compliance with paragraph 2. (4) If the member state of habitual residence of the subscriber has been verified according to paragraph 2, the service provider shall not track the location of the subscriber by means of Internet Protocol (IP) sampling or other similar technology in order to comply with the obligation of paragraph 1 of Article 3. (5) The use of cumulative verification mechanisms shall only be used if the online service provider demonstrates that the use of individual mechanisms is insufficient to verify the Member State of residence of the subscriber. If the provider chooses to provide the online content service in accordance with paragraph 1, this Regulation shall apply to that provider.
Amendment 219 #
Proposal for a regulation
Article 3 c (new)
Article 3 c (new)
Article 3c Technology neutrality Online service providers shall not limit the obligation set out in Article 3(1) on the basis of the use of any specific technology or devices.
Amendment 233 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Notwithstanding paragraph 1, holders of copyright and related rights or those holding any other rights in the content of online content services may require that the service provider make use of effectivproportionate means in order to verify that the online content service is provided in conformity with Article 3(1), provided that the required means are reasonable and do not go beyond what is necessary in order to achieve their purpose.
Amendment 236 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(2a) Any means agreed between right holders and service providers to verify the Member State of residence of the subscriber shall be reasonable, non- intrusive and not go beyond what is necessary to achieve their purpose in conformity with paragraph 1 of Article 3b.
Amendment 240 #
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
(2b) The holders of copyright and related rights or those holding any other rights in the content of an online content service may authorise the access to and use of their content under this Regulation without the verification of the Member State of residence, but otherwise in accordance with this Regulation. In such cases, the agreement between the provider and the subscriber for the provision of an online content service shall be sufficient to establish the subscriber's Member State of residence.
Amendment 254 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
It shall apply from [date: 612 months following the day of its publication].