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14 Amendments of Evžen TOŠENOVSKÝ related to 2016/0152(COD)

Amendment 42 #
Proposal for a regulation
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on addressing geo-blocking and other forms of unjustified discrimination based on customers' nationality, 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)
2016/11/15
Committee: ITRE
Amendment 60 #
Proposal for a regulation
Recital 4
(4) For the purposes of ensuring the (4) good functioning of the internal market, the targeted measures set out in this Regulation, which provide for a clear, uniform and effective set of rules on a selected number of issues, are therefore required. These measures should maintain balance between consumer protection for customers and economic and contractual freedom for traders. In this respect, any disproportionate costs or administrative burden or the obligation to deliver to all Member States should be imposed on traders. Furthermore, the new obligations imposed on Member States should not extend beyond what is necessary to implement the new rules.
2016/11/15
Committee: ITRE
Amendment 63 #
Proposal for a regulation
Recital 5
(5) This Regulation aims at preventing unjustified discrimination based on customers' nationality, place of residence or place of establishment, including geo- blocking, in cross-border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the Union. It seeks to address direct as well as indirect discrimination, thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers' nationality, place of residence or place of establishment. Such other criteria can be applied, in particular, on the basis of information indicating the physical location of customers, such as the IP address used when accessing an online interface, the address submitted for the delivery of goods, the choice language made or the Member State where the customer's payment instrument has been issued.
2016/11/15
Committee: ITRE
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation seeks to contribute to the proper functioning of the internal market by preventing discrimination based, directly or indirectly, on the nationality, place of residence or place of establishment of customers, and where such discrimination cannot be directly justified by objective criteria pursuant to Article 20(2) of Directive 2006/123/EC.
2016/11/15
Committee: ITRE
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
2. This Regulation applies to the following situations:cross-border commercial transactions and analogous situations in a Member State where the customer has a place of residence, place of establishment or nationality other than trader.
2016/11/15
Committee: ITRE
Amendment 108 #
Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) where the trader sells goods, provides services, or seeks to do so, in a Member State other than the Member State in which the customer has the place of residence or the place of establishment;deleted
2016/11/15
Committee: ITRE
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) where the trader sells goods, provides services, or seeks to do so, in the same Member State as the one in which the customer has the place of residence or place of establishment, but the customer is a national of another Member State;deleted
2016/11/15
Committee: ITRE
Amendment 110 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
(c) where the trader sells goods or provides services, or seeks to do so, in a Member State in which the customer is temporarily located without residing in that Member State or having the place of establishment in that Member State.deleted
2016/11/15
Committee: ITRE
Amendment 147 #
Proposal for a regulation
Article 7 – paragraph 1
1. Each Member State shall designate an existing body or bodies responsible for the enforcement of this Regulation, as well as lay down and implement effective, proportionate and dissuasive rules on the measures applicable for infringements of the provisions of this Regulation. Member States shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance with this Regulation.
2016/11/15
Committee: ITRE
Amendment 148 #
Proposal for a regulation
Article 7 – paragraph 2
2. Member States shall lay down the rules on the penalties applicable for infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.deleted
2016/11/15
Committee: ITRE
Amendment 152 #
Proposal for a regulation
Article 8 – paragraph 1
1. Each Member State shall conferdesignate an existing body or bodies responsibilityle for providing practical assistance to consumers to a body or bodiegeneral advise to consumers in case of a dispute between a consumer and a trader arising from the application of this Regulation. Each Member State shall designate a body or bodies responsible for that task.
2016/11/15
Committee: ITRE
Amendment 154 #
Proposal for a regulation
Article 8 – paragraph 2
2. The bodies referred to in paragraph 1 shall offer consumers a uniform model form to file complaints to the bodies referred to in paragraph 1 and in Article 7(1). The Commission shall assist those bodies in developing this model form.deleted
2016/11/15
Committee: ITRE
Amendment 156 #
Proposal for a regulation
Article 9 – paragraph 1
1. By [date: twohree years after the entry into force of this Regulation] and every fivthree years thereafter, the Commission shall report on the evaluation of this Regulation to the European Parliament, the Council and the European Economic and Social Committee. That report shall, where necessary, be accompanied by a proposal for an amendment of this Regulation, in light of legal, technical and economic developments.
2016/11/15
Committee: ITRE
Amendment 163 #
Proposal for a regulation
Article 11 – paragraph 3
However, point (b) of Article 4(1) shall apply from 1 July 2018.deleted
2016/11/15
Committee: ITRE