30 Amendments of Sergio Gaetano COFFERATI 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 50 #
Proposal for a regulation
Recital 6
Recital 6
(6) Therefore, increasingly, online content services are marketed in a package in which content which is not protected by copyright and/or related rights is not separable from content which is protected by copyright and/or related rights without substantially lessening the value of the service provided to consumers. This is especially the case with premium content such as sporting or other events of significant interest to consumers. In order to enable service providers to deliver to consumers full access to their online content services for the duration of the temporary stay in a Member State other than the Member State of residence, it is indispensable that this Regulation also covers such content used by online content services and therefore that it applies to audiovisual media services in the meaning of Directive 2010/13/EU as well as to transmissions of broadcasting organisations in their entirety.
Amendment 73 #
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 barrifor the provision of online content services to subscribers temporarily present in a Member State others to cross-border portability of online content services in the Union and that the cross- border portability can be ensuredhan their Member State of residence by providing a strictly interpretable legal fiction aiming to remove barriers to portability of legally acquired online content related to the licensing of rights.
Amendment 78 #
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should apply only to online content services which subscribers can effectively access and use in their Member State in which they habituallyof residence without being limited to a specific location, as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders.
Amendment 96 #
Proposal for a regulation
Recital 19
Recital 19
(19) 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. Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online cwhilst this Regulation does not impose disproportionatent service take measures to ensur requirements to guarantee the same quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shall not be liable if the quality of delivery of the service is lower. Nevertheless, the provider should explicitly and duly inform the subscriber on a durable medium about the quality of the delivery of an online content service in a Member State other than that of residence and about clear technical settings preventing the service provider from guaranteeing identical quality standards in the country of temporary stay. In such cases the provider shall not be liable if the quality of delivery of the service is lower. This information should be regarded as material for the purposes of Article 7(5) of Directive 2005/29/EC. Moreover, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shall be bound by such agreement.
Amendment 108 #
Proposal for a regulation
Recital 19
Recital 19
(19) 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. Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shall not be liable if the quality of delivery of the service is lower. Nevertheless, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shall be bound by such agreement.
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 117 #
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. With regard to present and future arrangements between online content service providers and rightholders, the decision to provide portability to subscribers temporarily present in another Member State cannot be made subject to contractual provisions. Online content service providers and rightholders should not be allowed to circumvent the application of this Regulation by opting for the law of a non- Member State of the Union as the law applicable to contracts which they conclude.
Amendment 121 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) This Regulation defines several concepts which are necessary for its application, including that of Member State of residence. The Member State of residence should be determined, taking into account the objectives of this Regulation and the need to ensure its uniform application within the Union. Regarding current and future arrangements related to online content services, the provision of portability to subscribers temporarily present in another Member State should not give rise to any special contractual provisions, especially with regard to a certain time limit during which service providers grant portable access to their online content services across the Union.
Amendment 124 #
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 toThis Regulation requires that the service provider makes use of effective means in order to verify that the online content service is provided in conformity with this Regulation. It is necessary, however, to ensure that the required means are 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 purposeThe online content service providers should be free to choose between the verification means listed in article 3b in order to verify the subscriber's Member State of residence. It is necessary, however, to ensure that those required means 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 forof the subscriber's Member State of residence are reasonable and do not go beyond what is necessary in order to achieve this purpose. Similarly, wWhere authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required.
Amendment 152 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
(1a) This Regulation is without prejudice to the Union law in the field of taxation.
Amendment 158 #
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approachlegal framework to ensuring that subscribers to online content services in the Union, when temporarily present in a Member State, can access and use these servicesportable and legally acquired online content services in their Member State of residence can access and use these services when temporarily present in another Member State.
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 163 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Regulation applies to all online content services provided to a subscriber against payment of money.
Amendment 165 #
Proposal for a regulation
Article 2 – point a
Article 2 – point a
(a) "Subscriber" means any consumer who, on the basis of a contract for the provision of an online content service with a provider, maycan access and use such service in the Member State of residence;
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 177 #
Proposal for a regulation
Article 2 – point d
Article 2 – point d
(d) "Temporarily present" means a non-permanent presence of a subscriber in a Member State other than this or her Member State of residence;
Amendment 180 #
Proposal for a regulation
Article 2 – point e
Article 2 – point e
(e) "Online content service" means a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union that a service provider is lawfully providing online in tto a subscriber in his or her Member State of residence on a portable basis and which is an audiovisual media service within the meaning of Directive 2010/13/EU or a service the main feature of which is the provision of access to and use of works, other protected subject matter or transmissions of broadcasting organisations, whether in a linear or an on- demand manner,
Amendment 194 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1a) The application of this Regulation cannot be circumvented by virtue of the choice of the law of a non-member country as the law applicable to contracts signed between service providers and rights holders or to contracts between providers and subscribers.
Amendment 195 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Paragraph 1 is without prejudice to the possibility for a service provider to allow a subscriber to also access and use the content licensed to the service provider in the Member State where the subscriber is temporarily present.
Amendment 197 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 204 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3a) Online service providers shall not limit the obligations set out in paragraph 1 of Article 3 on the basis of the use of any specific technology or devices.
Amendment 224 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 227 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Clauses in contracts between a service provider and a subscriber designed to prohibit or limit the cross-border portability of online content services shall be unenforceable under this Regulation.
Amendment 228 #
Proposal for a regulation
Article 5 – paragraph 1b (new)
Article 5 – paragraph 1b (new)
1b. The application of this Regulation cannot be circumvented by virtue of the choice of the law of a non-Member State of the Union as the law applicable to contracts signed between service providers and rightholders or to contracts between service providers and subscribers.
Amendment 235 #
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 239 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Three years after the entry into force of this Regulation, and every three years 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. The Commission's report shall be accompanied, if appropriate and necessary, by legislative or non-legislative proposal(s).
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).