15 Amendments of Marc TARABELLA related to 2015/0284(COD)
Amendment 20 #
Proposal for a regulation
Recital 1
Recital 1
(1) Since the internal market comprises an area without internal frontiers relying, inter alia, on the free movement of services and persons, it is necessary to provide that consumers canGuaranteeing permanent access to online content services for consumers throughout the European Union based on subscriptions contracted in the Member State of residence is an important element for the completion of the Single Market and the effective enforcement of the principles of free movement of persons and services. Consumers should be able to use online content services which offer access to content such as music, games, films or sporting events not only in their Member State of residence but also when they are temporarily present in other Member States of the Union for purposes such as business or leisure travel, periods of study. Therefore, barriers that hamper access and use of such online content services cross borders should be eliminated.
Amendment 32 #
Proposal for a regulation
Recital 2
Recital 2
(2) The technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers' location. There is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home countryMember State of residence but also when they are temporarily present in another Member State of the Union.
Amendment 36 #
Proposal for a regulation
Recital 3
Recital 3
(3) Consumers increasingly enter into contractual arrangements with service providers for the provision of online content services. However, consumers that are temporarily present in another Member State of the Union often cannot continue accessing and useing the online content services that they have acquired the right to use in their home countryMember State of residence.
Amendment 58 #
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 that of residence without additional costs.
Amendment 111 #
Proposal for a regulation
Recital 22
Recital 22
(22) Service providers should not be liable for breach of any contractual provisions contrary to the obligation to enable their subscribers to use the service in the Member State of their temporary presence. Therefore clauses in contracts designed to prohibit or limit the cross- border portability of online content services across the Union should be unenforceable.
Amendment 124 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Verifications means may include the implementation of currently used means for periodic checking of relevant information of IP addresses to the extent that this is necessary for the purposes of this Regulation. Considering that for purposes of the verification what matters is not the precise location, but rather the subscriber's temporary presence in another Member State while accessing the service, data on precise location or any other personal data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient on order to deliver the service provided, identification of the subscriber should not be required. The verification process should be carried according to privacy and data protection rules.
Amendment 145 #
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approachlegal framework to ensuring that subscribers to portable and legally acquired online content services in the Unionir Member States of residence, when temporarily present in a Member State other than that of residence, can access and use these services.
Amendment 163 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) "Member State of residence" means the Member State where the subscriber is habituallyhas his or her actual and stable residingence;
Amendment 169 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Temporarily present" means a in a Member State" means a non-permanent presence of a subscriber in a Member State other than the Member State of residence;
Amendment 196 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) THowever, the provider of an online content service shall duly inform the subscriber, on a durable medium, before the subscription of the contract or, for contracts subscribed before the date of application of this Regulation, in due time before that date, of the quality of delivery of the online content service provided in accordance with paragraph 1 and of the conditions of portability set out in accordance with this Regulation.
Amendment 199 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 a (new)
Article 3 – paragraph 3 – subparagraph 1 a (new)
Notwithstanding paragraph 2 of this Article, and unless objective technical failures occur, providers of online content services shall guarantee to the subscriber temporarily present in a Member State other than that of residence the same level of quality that is provided to the subscribers habitually residing in the Member State where he or she is temporarily present.
Amendment 217 #
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3b Verification of the Member State of residence (1) The provider of an online content service provided against payment of money shall make use of effective means in order to verify the Member State of residence of its subscribers. These verification means shall be reasonable, not intrusive, proportionate and shall not go beyond what is strictly necessary in order to achieve the purpose of this Regulation. These means shall not constitute an excessive burden for the subscribers. (2) In order to comply with the obligation set out in paragraph 1, the provider shall rely on the following verification means: (a) a declaration by the subscriber on their Member State of residence; (b) any valid document confirming subscriber's Member State of residence; (c) the billing address or the postal address of the subscriber; (d) bank details such as bank account, local credit or debit card of the subscriber; (e) the place of installation of a set top box or a similar device used for supply of services to the subscriber; (f) the subscriber being a party to a contract for internet or telephone connection in the Member State; (g) the subscriber paying a licence fee for other services provided in the Member State, such as public service broadcasting; (h) currently used technical means for periodic checking of relevant information of IP addresses, to the extent that is strictly necessary for the purposes of this Regulation. (3) Unless the Member State of residence can be sufficiently established on the basis of a single verification means, the provider shall rely on a combination of such means. (4) The declaration of a subscriber on their Member State of residence shall only be used in combination with one or more other verification means. (5) The service provider shall not track the location of the subscriber by means of Internet Protocol (IP) sampling or other means of geolocation in order to comply with the obligation of paragraph 1 of Article 3.
Amendment 227 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(1a) 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 243 #
Proposal for a regulation
Article 6
Article 6
The processing of personal data carried out within the framework of this Regulation including, in particular, for purposes of verification of the Member State of residence under Article 5(2)3b, shall be carried out in compliance with Directives 95/46/EC and 2002/58/EC.
Amendment 249 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
(1a) Three years after the entry into force of this Regulation, and at three-year intervals thereafter, the Commission shall assess the application of this Regulation and submit to the European Parliament and to the Council a report on the application of this Regulation. The report shall include, inter alia, an assessment of the effectiveness of the verification means of the Member State of residence, including newly developed industry standards and practices, and, if necessary, on the need for a review. The Commission's report shall be accompanied, if appropriate, by legislative or non-legislative proposal(s).