6 Amendments of Helga TRÜPEL related to 2015/0284(COD)
Amendment 26 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) In the context of online content services across the Union on a portable basis, it is of utmost importance to guarantee the promotion of European works and Europe's cultural and linguistic diversity including minority languages.
Amendment 40 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt the 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 ensured and, with regard to the audiovisual sector, without abolishing the territorial principle as this would lead to a disproportionate loss to the detriment of the right holders and to a significant distortion of the market for premium audiovisual content.
Amendment 59 #
Proposal for a regulation
Recital 17
Recital 17
(17) Online content services which are provided without payment of money are also included in the scope of this Regulation to the extent that providers verify the Member State of residence of their subscribers in accordance with this Regulation. Online content services which are provided without the payment of money and whose providers do not verify the Member State of residence of their subscribers should be outside the scope of this Regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs. As concerns verification of 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, should be relied upon, if they enable the provider to have reasonable indicators as to the Member State of residence of its subscribers.
Amendment 79 #
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. The Regulation enables right holders to require thatcontractually oblige the service provider to make use of effective means in order to verify that the online content service is provided in conformity with this Regulation. Right holders may withhold the rights licensed to a service provider if the provider cannot demonstrate upon request and in accordance with the contract that it is carrying out the residency verification in accordance with this Regulation. It is necessary, however, to ensure that the required means areof authentication and verification are effective while also reasonable and do not go beyond what is 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 of the verification what matters is 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 required.
Amendment 82 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) In order to enable cross-border portability of online content services, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing a non-exhaustive list of means for the verification of the subscriber's Member State of residence, prepared and drawn up in consultation with industry, small right holders and consumer representatives. Such verification means should be the most appropriate in the relevant Member State and equivalent amongst Member States. This list may, for example, include a confirmed installation of a set top box, a local home bank account, a local electoral role or tax paying confirmation. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 1a OJ L 123, 12.5.2016, p. 1.
Amendment 137 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The provision of an online content service tounder this Regulation to a subscriber who is temporarily present in a Member State, as well as the access to and the use of this service by, a subscriber, in accordance with Article 3(1), shall be deemed to occur solely in their Member State of residence including for the purposes of Directive 96/9/EC, Directive 2001/29/EC, Directive 2006/115/EC, Directive 2009/24 and Directive 2010/13/EU. Such localisation shall be deemed to occur without altering the territorial scope of the rights contractually acquired by the service provider.