8 Amendments of Cecilia WIKSTRÖM related to 2016/0152(COD)
Amendment 25 #
Proposal for a regulation
Recital 1
Recital 1
(1) In order to realise the objective of ensuring good functioning of the internal market, as an area without internal frontiers in which the free movement of inter alia goods and services is ensured, and in order to achieve the objectives set out in the Digital Market Strategy, it is not sufficient to abolish, as between Member States, only State barriers. Such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms. That occurs where traders operating in one Member State block or limit the access to their online interfaces, such as websites and apps, of customers from other Member States wishing to engage in cross-border commercial transactions (a practice known as geo-blocking). It also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other Member States, both online and offline. Whereas there may sometimes be objective justifications for such differential treatment, in other cases traders deny consumers wishing to engage in cross- border commercial transactions access to goods or services, or apply different conditions in this regard, for purely commercial reasons.
Amendment 34 #
Proposal for a regulation
Recital 3
Recital 3
(3) Pursuant to Article 20 of Directive 2006/123/EC of the European Parliament and of the Council17 , Member States are to ensure that service providers established in the Union do not treat recipients of services differently on the basis of their nationality or place of residence. However, that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty, particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice. Moreover, unjustified geo-blocking and other forms of discrimination based on nationality, place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries, which fall outside the scope of that Directive. _________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 123 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27 a) The Regulation should in particular take account of the principle of proportionality for SMEs. The Regulation should strike the right balance between the principle of freedom to trade and the free choice of specific business strategies with the need to overcome the unjustified geo-blocking practices towards customers and companies in different Member States.
Amendment 132 #
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation should be regularly evaluated, with a view to proposing amendments where necessary. The first evaluation should concentrate, in particular, on the possible extension of the prohibition of Article 4(1)(b) to electronically supplied services, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, provided that the trader has the requisite rights for the relevant territories. It should moreover take into account the legal and technological developments in Member States with regard to the reform of copyright, the audiovisual services' sector and the provision of cross-border portability of online content services for subscribers who are temporarily not present in their Member State of residence.
Amendment 171 #
Proposal for a regulation
Article 2 – paragraph 2 – point h a (new)
Article 2 – paragraph 2 – point h a (new)
(h a) 'geo-blocking' means unjustified access limitation to certain online interfaces through the use of technological measures or otherwise for geographical reasons.
Amendment 173 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Traders shall not, through the use of technological measures or otherwise, block or limit customers' access to their online interface for reasons related to the nationality, place of residence or place of establishment of the customer. Such geo- blocking shall be considered unjustified within the context of this Regulation.
Amendment 217 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. The penalties referred to in paragraph 2 should be communicated to the Commission and made publically available on the Commission's website.
Amendment 222 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. By [date: two years after the entry into force of this Regulation] and, as required thereafter and at the latest every fiveour years thereafter, the Commission shall report on the evaluassess the application of this Regulation in light of legal, technical and economic developments, and shall submit a respective report to the European Parliament, the Council and the European Economic and Social Committee. That report shall, where necessaryif appropriate, be accompanied by a proposal for an amendment of this Regulation, in light of legal, technical and economic developmentslegislative proposal to review the current Regulation. The report referred to in the first paragraph shall include an assessment on possibly extending the scope of this Regulation, notably on extending the prohibition of Article 4(1)(b) to electronically supplied services, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter as well as to other sectors, such as music, e-books, games and/or software. Furthermore, the report shall pay special attention to potential economic effects on SMEs and start-ups, the effectiveness of national enforcement measures referred to in Article 7 of this Regulation as well as focus on the use and protection of personal data.