15 Amendments of Liisa JAAKONSAARI related to 2016/0152(COD)
Amendment 81 #
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on addressing unjustified geo-blocking and other forms of discrimination based on custoonsumers' nationality, or place of residence or place of establishment within the internal market and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Text with EEA relevance)
Amendment 109 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Geoblocking is incompatible with the fundamental principles of the single market. However, there are a number of well-founded reasons why companies, in particular SMEs and micro-enterprises, should avoid or refuse cross-border trade or adapt general conditions of sale, in particular related to divergent legal environments, including taxation and fiscal issues, additional national requirements, additional delivery costs, or language requirements for pre- contractual information.
Amendment 131 #
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should not affect acts of Union law concerningintroduce additional rules on judicial cooperation in civil matters, notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in Regulations (EC) No 593/2008 of the European Parliament and of the Council24 and (EU) 1215/2012 of the European Parliament and of the Council25 , including the application of those acts and provisions in individual cases. In particular, the mere fact that a trader acts in accordance with the provisions of this Regulation should not be construed as implying that he directs his activities to the consumer's Member State for the purpose of such application. __________________ 24 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6). 25 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 L 351, 20.12.2012, p. 1).
Amendment 137 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The mere fact that a trader acts in accordance with the provisions of this Regulation should not be interpreted as a sign that he is directing his activities to the Member State of the consumer within the meaning of Regulation (EC) No 593/2008 and Regulation (EU) No 1215/2012, in accordance with the well established case-law of the Court of Justice of the European Union.
Amendment 140 #
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) Where applicable, rules on precontractual information, the right of withdrawal, its exercise and its effects, delivery, and the passing of risk should be governed by Directive 2011/83/EU of the European Parliament and of the Council1a. _______________ 1aDirective 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
Amendment 155 #
Proposal for a regulation
Recital 13
Recital 13
(13) The effects for custoonsumers and on the internal market of unjustified discriminatory treatment in connection to commercial transactions relating to the sales of goods or the provision of services within the Union are the same, regardless of whether a trader is established in a Member State or in a third country. Therefore, and with a view to ensuring that competing traders are subject to the same requirements in this regard, the measures set out in this Regulation should apply equally to all traders operating within the Union.
Amendment 165 #
Proposal for a regulation
Recital 15
Recital 15
(15) Certain traders operate different versions of their online interfaces, targeting custoonsumers from different Member States. While this should remain possible, redirecting a custoonsumer from one version of the online interface to another version without his or her prior explicit consent should be prohibited. All versions of the online interface should remain easily accessible to the custoonsumer at all times.
Amendment 184 #
Proposal for a regulation
Recital 18
Recital 18
(18) The first of those situations is where the trader sells goods and there is no cross-border delivery of those goods by or on behalf of the trader to the Member State where the custoonsumer resides. In that situation the custoonsumer should be able to purchase goods, under exactly the same conditions, including price and conditions relating to the delivery of the goods, as similar custoonsumers who are residents of the Member State of the trader. That may mean that a foreign custoconsumer will have to pick up the good in that Member State, or in a different Member State to which the trader delivers. In this situation, in accordance with Directive 2006/112/EC, there is no need to register for value added tax ("VAT") in the Member State of the customer, nor arrange for the cross- border delivery of goodsonsumer.
Amendment 256 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation seeks to contribute to the proper functioning of the internal market by preventing unjustified discrimination based, directly or indirectly, on the nationality, or place of residence or place of establishment of custof consumers.
Amendment 283 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. This Regulation shall be without prejudice to the applicable rules on copyright and related rights, in particular Directive 2001/29/EC of the European Parliament and of the Council1a. _______________ 1aDirective 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 10).
Amendment 293 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Regulation shall not affect acts ofbe without prejudice to the applicable Union law concerning judicial cooperation in civil matters. CThe mere compliance with this Regulation shall not be construed as implying that a trader directs his or her activities to the Member State where the consumer has the habitual residence or domicile within the meaning of point (b) of Article 6(1) of Regulation (EC) No 593/2008 and point (c) of Article 17(1) of Regulation (EU) 1215/2012. In particular, where a trader, acting in accordance with Articles 3, 4 and 5, does not block or restrict consumer access to his on-line interface, does not redirect him or her to a different version of his on-line interface to which the consumer has sought access originally, irrespective of his or her nationality or place of residence, does not apply different general conditions of access in situations provided for by this Regulation, that trader cannot be regarded, solely on these grounds, as directing its activities to the Member State in which the consumer has his or her habitual residence or domicile.
Amendment 316 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The traders shall not, through the use of technological measures or otherwise, block or limit custoonsumers' access to their online interface for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer.
Amendment 319 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The traders shall not, for reasons related to the nationality, place of residence or place of establishment of the customer, redirect custo redirect the consumers to a version of theirits online interface that is different from the online interface which the custoonsumer originally sought to access, by virtue of its layout, use of language or other characteristics that make it specific to custoonsumers with a particular nationality, or place of residence or place establishment, unless the custoonsumer gives his or her explicit consent prior to such redirection.
Amendment 339 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where athe trader blocks or limits access of custothe consumers to an online interface or redirects custothe consumers to a different version of the online interface in compliance with paragraph 4, the trader shall provide a clear and explicit justification. That justification shall be given in the language of the online interface that the custoonsumer originally sought to access.
Amendment 412 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
The prohibitions provided for in Articles 3, 4 and 5 of this Regulation shall not apply in cases where the trader is bound by an agreement obliging him or her to restrict his or her passive sales and that these restrictions are in conformity with Article 101 TFEU and Regulation (EU) No 330/2010.