[ParlTrack]

Proposal for a regulation
Recital 4

(4) For the purposes of ensuring the 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. They take account of the four basic freedoms of the European Union single market, the legal basis for which is provided by the Treaty on the Functioning of the European Union (TFEU).

2017/02/16
Committee: IMCO

Franz OBERMAYR

Proposal for a regulation
Recital 13

(13) The effects for customers and on the internal market of 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.deleted

2017/02/16
Committee: IMCO

Franz OBERMAYR

Proposal for a regulation
Recital 14 a (new)

(14a) At no stage, however, should a contractual obligation for the trader ensue. Traders should be able at any time to withdraw from a contract for sale in the event of the sale or delivery of the goods entailing costs liable to reduce their profit to an unacceptable degree or to be to the ongoing detriment of their business model.

2017/02/16
Committee: IMCO

Franz OBERMAYR

Proposal for a regulation
Recital 17

(17) In a number of specific situations, any differences in the treatment of customers through the application of general conditions of access, including outright refusals to sell goods or to provide services, for reasons related to the customers' nationality, place of residence or place of establishment cannot be objectively justified. In those situations, all such discrimination should be prohibited and customers should consequently be entitled, under the specific conditions laid down in this Regulation, to engage in commercial transactions under the same conditions as a local customer and have full and equal access to any of the different goods or services offered irrespective of their nationality, place of residence or place of establishment. Where necessary, traders should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the customers concerned would be precluded from having such full and equal access. However, the prohibition applicable in those situations should not be understood as precluding traders from directing their activities at different Member States or certain groups of customers with targeted offers and differing terms and conditions, including through the setting-up of country-specific online interfaces.deleted

2017/02/16
Committee: IMCO

Franz OBERMAYR

Proposal for a regulation
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 customer resides. In that situation the customer should be able to purchase goods, under exactly the same conditions, including price and conditions relating to the delivery of the goods, as similar customers who are residents of the Member State of the trader. That may mean that a foreign customer 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, 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 goods.deleted

2017/02/16
Committee: IMCO

Franz OBERMAYR

Proposal for a regulation
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.deleted

2017/02/16
Committee: IMCO

Franz OBERMAYR

Proposal for a regulation
Article 3 – paragraph 4

4. Where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4, the trader shall provide a clear justification. That justification shall be given in the language of the online interface that the customer originally sought to access.deleted

2017/02/16
Committee: IMCO

Franz OBERMAYR

Proposal for a regulation
Article 4 – paragraph 1 a (new)

1a. This shall not apply if the sale of goods would result in a reduction in the profit that the trader would make in the country of establishment.

2017/02/16
Committee: IMCO

Franz OBERMAYR

Proposal for a regulation
Article 4 – paragraph 1 b (new)

1b. This shall not apply if the sale of goods or information provided would damage the trader’s business model.

2017/02/16
Committee: IMCO

9 Amendments of Franz OBERMAYR related to 2016/0152(COD)

ParlTrack - 2011-2024