2010/2012(INI) | [ParlTrack]

Draft opinion
Recital A

A. whereas the development of e- commerce can improve the competitiveness of the EU economy, in the framework of the Commission's EU 2020 strategy, including the development and promotion of new ways of entrepreneurship for Small and Medium Enterprises,

Amendment 10 #

Draft opinion
Paragraph 4

4. Considers that an improvement of the consumer protection regimes across the EU can ensure consumer confidence in on- - line cross border transactions, including protection against frauds of the credit cards;

Amendment 11 #

Draft opinion
Paragraph 5 a (new)

5a. Calls on public authorities to quickly act against rogue websites by paying greater attention to consumer rights, including measures aimed at putting in place labels for safe and secure websites and ensuring that companies providing sponsored advertising services do not advertise illegal websites;

Amendment 12 #

Draft opinion
Paragraph 6

6. Calls for a proposal from the Commission to address appropriate actions or sanctions regarding e-commerce in counterfeit goods and medicines, including labels for safe and secure websites such as certification systems for authorized pharmacies;

Amendment 13 #

Draft opinion
Paragraph 6 a (new)

6a. Calls on the Commission to ensure that the consistent enforcement of copyright laws in the area of e-commerce is not undermined;

Amendment 14 #

Draft opinion
Paragraph 7

7. ~~Emphasises that tax legislation, including~~Welcomes the Commission’s proposal on the simplification of the Value Added Tax (VAT), re~~mains within the competence of individual Member States and~~porting obligations and on "simplified invoicing" for distance selling and emphasises that in the area of tax legislation, including VAT, the principle of subsidiarity should be respected ~~in this regard~~;

Amendment 15 #

Draft opinion
Paragraph 7

7. Emphasises that in matters concerning tax legislation, including Value Added Tax (VAT)~~, remains within the competence of individual Member States and~~ subsidiarity should be respected ~~in this regard~~;

Amendment 16 #

Draft opinion
Paragraph 7 a (new)

7a. Calls on the Commission to make available an integrated VAT collection scheme to encourage SMEs to trade across borders at lower adninistrative cost;

Amendment 17 #

Draft opinion
Paragraph 8

8. Highlights the importance of eliminating discrimination against consumers on-line and their country of origin on-line, by making provisions for on-line payment from all 27 EU Member States, including the possibility for consumers to have a choice among different means of online payment;

Amendment 18 #

Draft opinion
Paragraph 8 a (new)

8a. Urges the Commission to take steps to create legal certainty and tackle the severe fragmentation that exists in regards to the process of rights clearance and multiple Member State jurisdictions, when uploading media content to websites;

Amendment 19 #

Draft opinion
Paragraph 9

9. Reminds the Commission that there are still gaps in the legal framework for on-line services and calls on the Commission to come forward with targeted legislative proposals in order to strengthen consumer access to products and offer them a simple one-stop shop approach;

Amendment 2 #

Draft opinion
Recital B

B. whereas the creation of a ‘Digital Single Market’, facilitating transactions across national borders in an on-line environment for all consumers across the European Union, is an important part of the reinvigoration of the Single Market as it provides citizens with a wider choice of products,

Amendment 20 #

Draft opinion
Paragraph 9

9. Reminds the Commission that there are still gaps in the legal framework for on-line services and calls on the Commission to come forward with targeted legislative proposals in order to strengthen consumer access to ~~products~~and trust in products and services traded online;

Amendment 21 #

Draft opinion
Paragraph 9 a (new)

9a. Calls on the Commission to remove the obligation of having an off-line shop prior to selling on-line as this requirement radically hampers online sales;

Amendment 22 #

Draft opinion
Paragraph 11 a (new)

11a. Calls on the Commission to assess whether the creation of a portal for e- commerce monitored by the Commission involving stakeholders and Member States could better contribute to the dissemination of best practices and information and therefore enhance consumer trust and increase cross-border e-commerce;

Amendment 23 #

Draft opinion
Paragraph 12 a (new)

12a. Encourages the recourse to alternative dispute resolution mechanisms with the option of have recourse to them through an online procedure, accessible without delay through the European e- Justice portal as and when it becomes available.

Amendment 3 #

Draft opinion
Recital D

D. whereas neither consumers nor businesses can reap the benefits of ~~the~~a Digital Single Market since very few on- line retailers sell their products or services to other Member States and most of those sell only to a limited number of Member States,

Amendment 4 #

Draft opinion
Recital D a (new)

Da. whereas intellectual property is a key element of the digital world and its protection therefore remains a significant challenge, in particular on the Internet,

Amendment 5 #

Draft opinion
Recital F a (new)

Fa. whereas it is crucial to ensure legal certainty and transparency in the process of rights clearance when an e-retailer uploads content protected by copyright onto a website,

Amendment 6 #

Draft opinion
Recital G

G. whereas it is crucial to ensure a high level of consumer protection to promote trust in on-line goods and services, ensuring that the online marketplace respects trading practices,

Amendment 7 #

Draft opinion
Paragraph 1 a (new)

1a. Calls on Member States and the Commission to better integrate Single Market centres incorporating SOLVIT, points of single contact (as required by the Services Directive), product centres (provided for in the Mutual Recognition Regulation), and further information, including legal requirements, required by businesses to sell their goods cross-border and over the internet; emphasises that the functioning of this "one-stop shop" is essential for completing the single market for e-commerce;

Amendment 8 #

Draft opinion
Paragraph 2 a (new)

2a. Reiterates that respect for the fundamental human right to privacy and data protection is the key enabler of e- Commerce;

Amendment 9 #

Draft opinion
Paragraph 4

4. Considers that ~~an improvement of the~~the full harmonisation of consumer protection regimes ~~across the EU can ensure consumer confidence in~~in the area of on- line cross-border transactions can ensure consumer confidence;

source: PE-441.273

2010/05/18 ITRE 51 amendments...

Amendment 1 #

Draft opinion
Recital B a (new)

Ba. whereas e-commerce is especially beneficial for citizens in rural, remote, and peripheral areas who may otherwise not have access to a wide choice of goods with such convenience or at such value,

Amendment 10 #

Draft opinion
Paragraph 1

1. Believes that priority should be given to tackling the administrative and regulatory barriers to cross-border e-commerce through the introduction of a single set of rules for consumers and businesses across the 27 EU Member States that will create a favourable unified digital environment, provide legal certainty to both enterprises and consumers, simplify procedures, reduce compliance costs, reduce unfair competition and unlock the potential of the EU e-commerce market; to this end, the uniform interpretation and application of legislative tools such as a consumer rights directive, Article 20(2) of the Services Directive (Directive 2006/123/EC) and the Unfair Commercial Practices Directive (2005/29/EC) can be of major importance;deleted

Amendment 11 #

Draft opinion
Paragraph 1

1. Believes that priority should be given to tackling the administrative and regulatory barriers to cross-border e-commerce through the introduction of a single set of rules for consumers and businesses across the 27 EU Member States that will create a favourable unified digital environment, provide legal certainty to both enterprises and consumers, simplify procedures, reduce compliance costs, reduce unfair competition and unlock the potential of the EU e-commerce market; to this end, the uniform interpretation and application of legislative tools such as a consumer rights directive, the e-commerce Directive (2000/31/EC), Article 20(2) of the Services Directive (~~Directive~~ 2006/123/EC) and the Unfair Commercial Practices Directive (2005/29/EC) can be of major importance;

Amendment 12 #

Draft opinion
Paragraph 1

Amendment 13 #

Draft opinion
Paragraph 1

Amendment 14 #

Draft opinion
Paragraph 1

1. Believes that priority should be given to tackling the administrative and regulatory barriers to cross-border e-commerce through the introduction of a single set of rules for consumers and businesses across the 27 EU Member States that will create a favourable ~~unified~~ digital environment, provide legal certainty to both enterprises and consumers, simplify procedures, reduce compliance costs, reduce unfair competition and unlock the potential of the EU e-commerce market; to this end, the uniform interpretation and application of legislative tools such as a consumer rights directive, Article 20(2) of the Services Directive (Directive 2006/123/EC) and the Unfair Commercial Practices Directive (2005/29/EC) can be of major importance;

Amendment 15 #

Marian-Jean MARINESCU

Draft opinion
Paragraph 1 a (new)

1a. Stresses the significance of the free movement of services for the further development of the e-commerce, with a particular focus on the principle of non- discrimination within the internal market, on grounds of the nationality or local residence of the recipient; reiterates that the principle of non-discrimination within the internal market eliminates the requirement imposed on nationals of another Member State to supply original documents, certified copies, certificate of nationality or official translations of documents in order to benefit from a service or from more advantageous terms or prices;

Amendment 16 #

Draft opinion
Paragraph 2 a (new)

2a. Calls on the Commission to remove the obligation of having an off-line shop prior to selling on-line as this requirement radically hampers online sales;

Amendment 17 #

Draft opinion
Paragraph 3

3. Notes the importance of enhancing the current low level of consumer confidence and trust in cross-border transactions by strengthening the online and cross-border enforcement of existing rules, empowering consumer protection authorities, promoting cooperation between public authorities, and setting up efficient EU-wide mechanisms for market monitoring and audits, complaint-handling, dispute resolution and collective redress;Does not affect English version.

Amendment 18 #

Draft opinion
Paragraph 3

Amendment 19 #

Draft opinion
Paragraph 3 a (new)

3a. Calls on the Commission to conduct an impact assessment on the creation or designation of a national authority that could handle registration requests for on- line cross-border eCommerce from companies or entrepreneurs from their member states, and a European authority that can correlate the national authorities so as to permit the fast completion of the internal market;

Amendment 2 #

Draft opinion
Recital B b (new)

Bb. whereas during the recent economic crisis e-commerce has continued to experience growth, job creation and presented an additional means for businesses to remain economically active and for consumers to take advantage of greater choice and better prices,

Amendment 20 #

Draft opinion
Paragraph 3 b (new)

3b. Calls on the Commission to set a clear set of standards required for cross-border eCommerce at EU level, like for example the obligation of a merchant to supply to their customers and to the public authorities, easy, direct, permanent and free of charge access to information regarding the name and registration number of the merchant or service provider, prices for the offered goods and services and any additional delivery costs that could add to the bill. Complying with this set of standards will result in the certification for cross-border eCommerce across the EU from the registration authority;

Amendment 21 #

Draft opinion
Paragraph 3c (new)

3c. Calls on the Commission to consider for the future, the harmonization of the VAT tax for on-line commerce, so as to eliminate some of the current barriers that merchants and consumers encounter in cross-border e-Commerce;

Amendment 22 #

Draft opinion
Paragraph 4

4. Believes that consumer confidence can be further enhanced by ensuring public trust in the online environment, addressing concerns over the protection of personal data, regulating data collection, behavioural targeting, profiling and advertising, and raising consumer awareness through educational and information campaigns; calls on the Commission to submit a proposal for the adaptation of the Data Protection Directive to the current digital environment;

Amendment 23 #

Draft opinion
Paragraph 4 a (new)

4a. Reiterates that respect for the fundamental human right to privacy and data protection is the key enabler of e- Commerce;

Amendment 24 #

Draft opinion
Paragraph 5

5. ~~Not~~Stresses the ~~significance~~necessity of making the supply chain and the terms and conditions of cross-border online trade simpler and more transparent by establishing rules on misleading or incomplete information about consumer rights, total costs and traders’ contact details and by promoting best and fair practices, recommendations and guidelines for electronic shops; recognises the efforts made in this area by the European Union to clarify the terms, conditions and prices of air fares as a positive example to be followed;

Amendment 25 #

Draft opinion
Paragraph 6

6. Believes that the development of self- regulatory codes of conduct by trade, professional, and consumer associations and the creation of a European charter of users’ rights would enhance consumer confidence in e-commerce by clarifying the rights and obligations of all information-society players;deleted

Amendment 26 #

Draft opinion
Paragraph 6

6. Believes that the development of self- regulatory codes of conduct by trade, professional, and consumer associations and the provisions of Parliament's report "on a new Digital Agenda for Europe: 2015.eu" calling for the creation of a European charter of uscitizens' and consumers’' rights in the digital environment and developing a "Fifth Freedom" that enables the free circulation of content and knowledge, would enhance consumer confidence in e- commerce by clarifying the rights and obligations of all information- society players;

Amendment 27 #

Draft opinion
Paragraph 7

7. Stresses the significance of promoting EU-wide logos, trust marks and quality marks that will help consumers in identifying reputable online traders and will support EU companies in their efforts to reach beyond their home market;deleted

Amendment 28 #

Draft opinion
Paragraph 7

7. Stresses the significance of promoting EU-wide logos, trust marks and quality marks that will help consumers in identifying reputable online traders ~~and~~, reward best practices and encourage innovation, which will support EU companies in their efforts to reach beyond their home market;

Amendment 29 #

Draft opinion
Paragraph 7

Amendment 3 #

Draft opinion
Recital C

C. whereas cross-border e-commerce has significant benefits for EU companies – especially SMEs – which can provide innovative, high-quality and consumer- friendly services, and products, across the online European internal market, reinforce their position and remain competitive in the global economy,

Amendment 30 #

Draft opinion
Paragraph 8

8. Stresses the importance of enhancing confidence in cross-border Internet payment systems (e.g., credit and debit cards and e-purses) by promoting a range of payment methods, enhancing interoperability and common standards, tackling technical barriers, supporting the most secure technologies for electronic transactions, harmonising and strengthening legislation on privacy and security issues, combating fraudulent activities and informing and educating the public;

Amendment 31 #

Draft opinion
Paragraph 8 a (new)

8a. Calls on the Commission and on the European Central Bank to come forward with a solution to establish a European financial instrument for credit and debit cards, in order to be able to process on- line credit card transactions, so as to become independent of the VISA or MasterCard systems;

Amendment 32 #

Draft opinion
Paragraph 9 a (new)

9a. Stresses the importance of electronic signatures and of the Private Key Infrastructure (PKI) for Pan-European secure e-Government services and calls on the Commission to set up an European Validation Authorities Gateway in order to ensure the cross-border interoperability for electronic signatures;

Amendment 33 #

Draft opinion
Paragraph 9 b (new)

9b. Calls on the Commission to come up with measures to support the e-invoice initiative in order to ensure European wide use of electric invoices by 2020;

Amendment 34 #

Draft opinion
Paragraph 9 c (new)

9c. Having in mind how important it is to realize the full potential of the single Market, calls on the Commission and the Member States to ensure that, by 2015, at least 50% of all public procurements are done through electronic means, as established by the Action Plan agreed to the Ministerial Conference on eGovernment, held in Manchester, in 2005;

Amendment 35 #

Draft opinion
Paragraph 11 a (new)

11a. Recognises the particular legal challenges linked to the development of an internal market for m-commerce capable of ensuring consumer rights, personal privacy and the protection of underage customers; Calls on the Commission to examine in detail this issue;

Amendment 36 #

Draft opinion
Paragraph 12

12. Believes that cross-border web searching and advertising within the EU should be encouraged, thus improving information for consumers and traders and enhancing their ability to make cross- border comparisons and identify cross- border offers; to this end, calls for close cooperation with the industry and for the promotion of the .eu domains;deleted

Amendment 37 #

Draft opinion
Paragraph 12

12. Believes that cross-border web searching and advertising within the EU should be encouraged, with the provision that electronic communication should be done with the express consent of the customer, thus improving information for consumers and traders and enhancing their ability to make cross- border comparisons and identify cross- border offers; to this end, calls for close cooperation with the industry and for the promotion of the .eu domains;

Amendment 38 #

Catherine TRAUTMANN, Oriol JUNQUERAS I VIES

Draft opinion
Paragraph 12

12. Believes that cross-border web searching ~~and advertising~~ within the EU should be encouraged, thus improving information for consumers and traders and enhancing their ability to make cross- border comparisons and identify cross- border offers; to this end, calls for close cooperation with the industry and for the promotion of the .eu domains;

Amendment 39 #

Draft opinion
Paragraph 13

13. Stresses the importance, for the further development of cross-border e-commerce, of establishing a coherent EU-wide framework for the protection and enforcement of intellectual property rights ~~in respect of both physical and virtual goods~~; stepping-up the fight against illegal and counterfeit goods ~~and services~~; and raising awareness of these issues among European consumers;

Amendment 4 #

Draft opinion
Recital C a (new)

Ca. whereas the development of the digital environment and the completion of the internal market for ICT represents a real opportunity to create more jobs and facilitate the establishment of on-line businesses, especially for the recently unemployed,

Amendment 40 #

Draft opinion
Paragraph 13

13. Stresses the importance, for the further development of cross-border e-commerce, of establishing a coherent EU-wide framework within the limits of the acquis communautaire for the protection and enforcement of intellectual property rights in respect of both physical and virtual goods; stepping-up the fight against illegal and counterfeit goods and services; and raising awareness of these issues among European consumers;

Amendment 41 #

Draft opinion
Paragraph 13 a (new)

13a. Calls on the Commission to come forward with an action plan to promote on-line businesses, especially for the recently unemployed, by creating financial instruments and facilities that cope with their difficult situation, like subsidising hardware and software equipment, free consultancy on e- Business and easy access to Internet.

Amendment 42 #

Marian-Jean MARINESCU

Draft opinion
Paragraph 13 a (new)

13a. Stresses that care should be taken to avoid the risks posed by illegal product offers on the web, in particular counterfeit medicines and healthcare products, by promoting health literacy and publishing misleading information on specific websites of the .eu domains;

Amendment 43 #

Draft opinion
Paragraph 13 a (new)

13a. Points out that it is necessary to introduce legislation applicable to all electronic transactions, this being essential to protect the rights of e-commerce service users;

Amendment 44 #

Draft opinion
Paragraph 15

15. Believes that media and computer literacy and awareness are essential to the development of the European digital environment, and calls, therefore, for ~~education and information campaigns to be mounted on consumer protection, digital privacy and security, and digital user rights~~the launch of a ‘Digital literacy and inclusion action plan’ at EU and Member State levels, notably comprising: specific digital literacy training opportunities for unemployed people and groups at risk of exclusion; incentives for private-sector initiatives to provide digital skills training to all employees; a European-wide ‘Be smart online!’ initiative to make all students, including those engaged in life- long learning and professional training, familiar with the safe use of ICT and online services; and a common EU-level ICT certification scheme;

Amendment 45 #

Draft opinion
Paragraph 16

16. Calls for the efficient monitoring of legal, technical and economic developments in e -commerce and points out the need for careful impact assessment of all decisions affecting the digital single market and the information society; to this end an "e-commerce scoreboard" for the assessment of the european online digital market environment would be an important tool;

Amendment 46 #

Draft opinion
Paragraph 16

16. Calls for the efficient monitoring of legal, technical and economic developments in e -commerce and points out the need for ~~careful~~an impact assessment of all decisions affecting the digital single market and the information society;

Amendment 47 #

Draft opinion
Paragraph 16 a (new)

16a. Reaffirms the importance of cross- border business-to-business e-commerce as a vehicle for european companies, SMEs in particular, to achieve growth, greater competitiveness and to create more innovative products and services; Calls on the Commission and the Member States to provide a certain, and sound, legal and regulatory framework to give companies the guarantees they need to carry out confidently B2B e-commerce transactions across borders;

Amendment 48 #

Draft opinion
Paragraph 16 a (new)

16a. Calls on the Commission to bring an end to geographic discrimination against EU consumers based on their on- or offline address by employing Article 20(2) of the Services Directive to its full potential;

Amendment 49 #

Draft opinion
Paragraph 17

17. ~~Notes that the fur~~Calls on the Commission in the context of the revision of the scope of universal service directive to consider ther development of fast and ~~inexpensiv~~affordable broadband access, which is essential to the development of e- commerce, as lack of Internet access remains one of the most significant barriers to European citizens’ use of e-commerce.

Amendment 5 #

Draft opinion
Recital C a (new)

Ca. whereas e-commerce is now a significant part of the mainstream economy, and businesses and consumers increasingly utilise both online and offline commercial practices to their best advantage,

Amendment 50 #

Draft opinion
Paragraph 17

17. Notes that the further and emphasized development of fast and inexpensive broadband access is essential to the development of e- commerce, as lack of Internet access remains one of the most significant barriers to European citizens’ use of e-commerce.

Amendment 51 #

Draft opinion
Paragraph 17

17. Notes that the further development of fast and ~~inexpensiv~~affordable broadband access is essential to the development of e- commerce, as lack of Internet access remains one of the most significant barriers to European citizens’ use of e-commerce.

Amendment 6 #

Draft opinion
Recital D

D. whereas there remain a number of severe structural and regulatory barriers to a fully functioning European internal e- commerce market, such as the fragmentation along national lines of consumer protection rules and rules on VAT, recycling fees and levies, and the abuse of rules governing exclusive and selective distribution agreements,

Amendment 7 #

Draft opinion
Recital D a (new)

Da. whereas, cross-border business to business e-commerce can boost the competitiveness of European companies, allowing them to source components, services, and know-how easily from all over the internal market (also creating new economies of scale). Moreover, cross- border B2B e-commerce represents an opportunity for enterprises, SMEs in particular, to internationalise their customer base without having to invest in a physical presence in another member state,

Amendment 8 #

Draft opinion
Recital E

E. whereas~~, whilst~~ the Internet is the fastest growing retail channel and e-commerce is steadily increasing at national level, the gap between domestic and cross-border e-commerce in the EU is widening and European consumers, particularly those in the smaller EU Member States, face geographical, technical and organisational restrictions in their choices,

Amendment 9 #

Draft opinion
Recital E

E. whereas, whilst the Internet is the fastest growing retail channel and e-commerce is steadily increasing at national level, the gap between domestic and cross-border e- commerce in the EU is widening and European consumers, ~~particularly those in the smaller~~in some EU Member States, face geographical, technical and organisational restrictions in their choices,

source: PE-441.222

2010/06/14 IMCO 166 amendments...

Amendment 1 #

Motion for a resolution
Citation 1 a (new)

- having regard to the Commission Communication of 19 May 2010 entitled "a Digital Agenda for Europe" (COM(2010) 245),

Amendment 10 #

Motion for a resolution
Citation 12 b (new)

- having regard to the proceedings still pending before the European Court of Justice in cases C-585/08 (Pammer), C- 144/09 (Alpenhof), C-509/09 (eDate Advertising GmbH) and C-161/10 (Olivier Martinez), which could either encourage or impeded e-commerce depending on the judgments handed down by the Court,

Amendment 100 #

Motion for a resolution
Paragraph 10 a (new)

10a. Stresses the importance of open and neutral access to a high-speed internet connection, without which e-commerce would be impossible;

Amendment 101 #

Motion for a resolution
Paragraph 10 a (new)

10a. Considers that online platforms have played an important role in boosting (especially cross-border) e-commerce in Europe, enabling market access by hundreds of thousands of SMEs, and offering consumers greater choice whilst introducing many examples of good practice for boosting trust, transparent information about rights and obligations and facilitating the resolution of disputes between parties to an online transaction, where necessary; Calls online platforms to provide their goods and services to all European consumers without any territorial discrimination based on Member States;

Amendment 102 #

Zuzana ROITHOVÁ

Motion for a resolution
Paragraph 10 a (new)

10a. Highlights the importance of an open document exchange format for electronic business interoperation and calls on the Commission to take concrete steps to support its emergence and spread;

Amendment 103 #

Motion for a resolution
Paragraph 10 a (new)

10a. Highlights that the completion of the single market for e-Commerce must not be limited to legislative measures and controls but, moreover must be accompanied by strengthening other areas of the internet, namely those of e- government and e-learning;

Amendment 104 #

Motion for a resolution
Paragraph 11

~~11. Stresses the need to review rules on exclusive and selective distribution in order to reduce barriers to online sales;~~deleted

Amendment 105 #

Motion for a resolution
Paragraph 11

11. Stresses the need to ~~review rules on exclusive and selective distribution~~monitor the application of the rules recently adopted in Commission Regulation (EU) No 330/2010 of 20 April 2010 on exclusive and selective distribution, on the basis of market information from the interested parties and national competition authorities, and, where necessary, to review those rules in order to reduce barriers to online sales;

Amendment 106 #

Bernadette VERGNAUD

Motion for a resolution
Paragraph 11

11. Stresses the need to ~~review~~monitor the application of recently adopted rules on exclusive and selective distribution which are based on market information from the parties concerned and the national competition authorities, and to review such rules where necessary in order to reduce barriers to online sales;

Amendment 107 #

Motion for a resolution
Paragraph 11

11. Stresses the need to ~~review rules on exclusive and selective distribution~~monitor the application of the recently adopted rules on exclusive and selective distribution based on market information from stakeholders and national competition authorities and to revise such rules if required in order to reduce barriers to online sales;

Amendment 108 #

Motion for a resolution
Paragraph 11

Amendment 109 #

Motion for a resolution
Paragraph 11

11. Stresses the need to ~~review~~monitor the application of recently adopted rules on exclusive and selective distribution based on market information from stakeholders and national competition authorities and to revise such rules if required in order to reduce barriers to online sales;

Amendment 11 #

Motion for a resolution
Citation 22 A (new)

- having regard to Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices,

Amendment 110 #

Motion for a resolution
Paragraph 11

11. Stresses the need to review rules on exclusive and selective distribution in order to reduce barriers to online sales; calls on the Commission to come up with proposals to tackle these problems before the end of 2011;

Amendment 111 #

Motion for a resolution
Paragraph 11

11. Stresses the need to creviate new rules on exclusive and selective distribution in order to reduce barriers to online sales;

Amendment 112 #

Motion for a resolution
Paragraph 11 a (new)

11a. Stresses the need following the recent decision of the European Commission on the revision of Regulation on vertical restraints for national competition authorities to ensure that all on- and offline retail channels are treated equally, especially within exclusive and selective distribution agreements;

Amendment 113 #

Motion for a resolution
Paragraph 11 a (new)

11a. Calls on the Commission to strengthen consumers privacy and to ensure all consumer data, including purchasing and viewing data is available to consumers upon request and is held by suppliers for a duration that is accepted under EU law.

Amendment 114 #

Andreas SCHWAB, Eija-Riitta KORHOLA

Motion for a resolution
Paragraph 11 b (new)

11b. Further calls on the Commission to work towards creating rules and standards so that the non-interoperability of software on commercial and social networking websites does not prevent consumers from changing their purchasing options;

Amendment 115 #

Konstantinos POUPAKIS

Motion for a resolution
Paragraph 12

12. Emphasises the need to the make the e- commerce supply chain more transparent so that the consumer always knows the identity of the supplier, as well as the latter’s business name, geographical address, contact details and tax registration number, and whether the supplier is an intermediary or an end supplier;

Amendment 116 #

Rafał TRZASKOWSKI

Motion for a resolution
Paragraph 12

12. Emphasises the need to the make the e- commerce supply chain more transparent so that the consumer always knows the identity of the supplier and whether the supplier is an intermediary or an end supplier, which is especially important in the context of on-line auctions;

Amendment 117 #

Rafał TRZASKOWSKI

Motion for a resolution
Paragraph 14

14. Calls on the Commission to extend the rules governing distance contracts so as also to cover contracts concluded between consumers and professional traders in online auctions and contracts for tourist services (airline tickets, hotel accommodation, car rental, leisure time services and so on) ordered individually over the internet, primarily in order to increase the liability of on-line auctions to better protect consumer rights;

Amendment 118 #

Motion for a resolution
Paragraph 14

14. C~~alls on the Commission to extend~~onsiders that the rules governing distance contracts s~~o as~~hould also to cover contracts concluded between consumers and professional traders in online auctions and calls on the Commission to further examine and assess the rules governing specific distance contracts for tourist services (airline tickets, hotel accommodation, car rental, leisure time services and so on) ordered individually over the internet;

Amendment 119 #

Motion for a resolution
Paragraph 14

14. Calls on the Commission to extend the rules governing distance ~~contracts~~selling so as also to cover contracts concluded between consumers and professional traders in online auctions and contracts for tourist services (airline tickets, hotel accommodation, car rental, leisure time services and so on) ordered individually over the internet;

Amendment 12 #

Motion for a resolution
Citation 23 a (new)

- having regard to the proposal for a Council directive amending Directive 2006/112/EC on the common system of value added tax as regards the rules on invoicing (COM(2009)21),

Amendment 120 #

Motion for a resolution
Paragraph 14

14. Calls on the Commission to extend the rules governing distance contracts so as also to cover contracts concluded between consumers and professional traders in online auctions ~~and contracts for tourist services (airline tickets, hotel accommodation, car rental, leisure time services and so on) ordered individually over the internet~~;

Amendment 121 #

Motion for a resolution
Paragraph 16 a (new)

16a. Stresses that users (consumers and vendors) require legal certainty when operating on-line, and welcomes the Commission's suggestion in its communication 'A digital agenda for Europe' of updating the rules on the limited liability of information society services so as to keep up with technological progress, in the context of the e-commerce directive (see the communication's footnote no 13);

Amendment 122 #

Motion for a resolution
Paragraph 16 a (new)

16a. Considers that users (consumers and businesses) need legal certainty when operating online and welcomes the European Commission's suggestion in the Digital Agenda to update provisions such as limited liability of information society services in line with technological progress;

Amendment 123 #

Motion for a resolution
Paragraph 16 a (new)

16 a. Considers that users (consumers and businesses) need legal certainty when operating online and welcomes the European Commission's suggestion in the Digital Agenda to update provisions such as limited liability of information society services in line with technological progress;

Amendment 124 #

Bernadette VERGNAUD

Motion for a resolution
Paragraph 16 a (new)

16a. Considers that users (consumers and undertakings) need legal certainty when operating online, and welcomes the Commission’s proposal which, in the context of the digital agenda, envisages updating certain provisions – including those on limited liability for information society services in the field of e-commerce – in line with technical progress;

Amendment 125 #

Motion for a resolution
Paragraph 17

17. Considers that enhancing market surveillance, transparency of rules and enforcement mechanisms to encourage users" confidence is crucial as consumer spending will be an important factor for the economic recovery; takes the view that public authorities must be given more resources to investigate and ultimately stop illegal commercial practices; calls on the Commission to create a European early- warning system, including a database, to combat fraudulent activities in the digital market; calls on the Commission to update RAPEX (rapid alert system) as necessary; stresses that such initiatives must respect data protection rules;

Amendment 126 #

Motion for a resolution
Paragraph 17 a (new)

17a. Stresses that online targeting and profiling should fully respect data protection rules;

Amendment 127 #

Robert ROCHEFORT, Jürgen CREUTZMANN

Motion for a resolution
Paragraph 18

18. Calls for a harmonisation of the rules on unfair contract terms to establish a single EU-wide clause on unfairness so as to ensure that national authorities and courts follow the same standards when assessing contract clauses;deleted

Amendment 128 #

Motion for a resolution
Paragraph 18

18. ~~Calls for a harmonisation~~Stresses, in the context of the current review of the rules on unfair contract terms, t~~o establish a single EU-wide clause on unfairness so as to ensure that national authorities and courts follow the same standards when assessing~~he benefits which might result from a harmonisation aimed at establishing an EU-wide clause on unfairness; recalls in this connection that the Member States must continue to be able to react rapidly and flexibly to new unfair contract clauses;

Amendment 129 #

Motion for a resolution
Paragraph 18

18. Calls ~~for a harmonisat~~on the Commission ofand the ~~rules on unfair contract~~Member States to identify the criteria constituting unfair terms so as to establish a single EU-wide ~~clause on unfairness so as to ensure that national authorities and courts follow the same standards when assessing contract clauses;~~definition of unfairness.

Amendment 13 #

Morten LØKKEGAARD

Motion for a resolution
Citation 28 a (new)

- having regard to the report 'A new strategy for the single market' of 9 May 2010 by Mario Monti;

Amendment 130 #

Motion for a resolution
Paragraph 19

19. Calls for the establishment in all Member States of independent e- commerce users’ protection agencies with full power to bring proceedings before national courts in order to protect the interests of producers and consumers;deleted

Amendment 131 #

Philippe JUVIN, Anna Maria CORAZZA BILDT, Constance LE GRIP

Motion for a resolution
Paragraph 19

Amendment 132 #

Motion for a resolution
Paragraph 19

Amendment 133 #

Zuzana ROITHOVÁ

Motion for a resolution
Paragraph 19

19. Calls for the establishment in all Member States of independent e-commerce users" protection agencies with full power to bring proceedings before national courts in order to protect the interests of ~~producers and consumers~~consumers and users, for instance in cases of privacy loss, technological discrimination, identity theft or unsolicited communication ("spam");

Amendment 134 #

Motion for a resolution
Paragraph 19 a (new)

19 a. Calls on the Commission to ensure by monitoring that the coherent application of copyright law is not circumvented in e-commerce;

Amendment 135 #

Motion for a resolution
Paragraph 20

20. Shares the Commission’s view that alternative dispute resolution mechanisms (ADR), such as mediation and arbitration or out-of-court settlements, can be an expedient and attractive option for consumers; notes that some private operators, such as on-line platforms, have established successful initiatives to boost consumer confidence, using internal dispute resolution instruments; urges Member States to encourage the development of ADR and collective redress to enhance the level of consumer protection and maximise compliance with legislation; recalls the positive experiences of SOLVIT and of the network of European Consumer Centres; calls for the creation of a European e- consumer information system which would offer detailed guidance and information about rights and obligations in the digital market; but emphasises that such mechanisms should complement and not substitute judicial or administrative means of enforcement;

Amendment 136 #

Motion for a resolution
Paragraph 20

20. Shares the Commission’s view that alternative dispute resolution mechanisms (ADR), such as mediation and arbitration or out-of-court settlements, can be an expedient and attractive option for consumers; urges Member States to encourage the development of ADR ~~and collective redress~~ to enhance the level of consumer protection and maximise compliance with legislation; recalls the positive experiences of SOLVIT and of the network of European Consumer Centres; calls for the creation of a European e- consumer information system which would offer detailed guidance and information about rights and obligations in the digital market; but emphasises that such mechanisms should complement and not substitute judicial or administrative means of enforcement;

Amendment 137 #

Motion for a resolution
Paragraph 20

20. Shares the Commission's view that alternative dispute resolution mechanisms (ADR), such as mediation and arbitration or out-of-court settlements, can be an expedient and attractive option for consumers and notes that several private actors have established successful initiatives that boost consumer trust, using dispute resolution tools; urges Member States to encourage the development of ADR and collective redress to enhance the level of consumer protection and maximise compliance with legislation; recalls the positive experiences of SOLVIT and of the network of European Consumer Centres; calls for the creation of a European e- consumer information system which would offer detailed guidance and information about rights and obligations in the digital market; but emphasises that such mechanisms should complement and not substitute judicial or administrative means of enforcement;

Amendment 138 #

Motion for a resolution
Paragraph 20 a (new)

20a. Strongly supports the Commission in exploring possibilities and concrete proposals in the field of collective redress

Amendment 139 #

Motion for a resolution
Paragraph 20 a (new)

20a. Welcomes the Commission's initiative comprising of an EU wide online strategy to ameliorate Alternative Dispute Resolution Systems, as well as a proposal for an EU-wide redress tool for e-Commerce and better access to justice online.

Amendment 14 #

Motion for a resolution
Recital A

A. whereas Europe should not only seek ways to co~~mplete~~ntinue developing the internal market for e- commerce but also look into how a sustainable re-launch of the internal market could be ~~complet~~achieved by e- commerce,

Amendment 140 #

Motion for a resolution
Paragraph 21

21. Stresses the need to develop and standardise rules offering a high level of legal protection to minors, and encourages the launching of information and training campaigns for parents, teachers and guardians to make them aware of their responsibility in educating children about risks on the use of on-line commerce and the importance of vigilance on children's use of the internet;

Amendment 141 #

Motion for a resolution
Paragraph 21 a (new)

21a. Calls for the Commission and the Member States to take swift action to fight illegal online services, which do not respect the rules on consumer protection, protection of minors, copyright, tax, and most other applicable laws;

Amendment 142 #

Andreas SCHWAB, Anna Maria CORAZZA BILDT, Robert ROCHEFORT

Motion for a resolution
Paragraph 23

23. Calls for clearer and improved horizontal legal instruments and the harmonisation of certain aspects of consumer contract law; considers that this should include other directives, such as those on distance selling of financial services and e-commerce;deleted

Amendment 143 #

Motion for a resolution
Paragraph 23

23. Calls for clearer and improved horizontal legal instruments and the harmonisation of certain aspects of consumer contract law and welcomes the Commission's proposal for a Directive on Consumer Rights; considers that this should ~~include~~ensure coherence with other directives, such as those on distance selling of financial services and e-commerce;

Amendment 144 #

Motion for a resolution
Paragraph 23

23. Calls for clearer and improved horizontal legal instruments and the harmonisation of certain aspects of consumer contract law, especially regarding handling of warranty claims; considers that this should include other directives, such as those on distance selling of financial services and e-commerce;

Amendment 145 #

Motion for a resolution
Paragraph 23

23. Calls for ~~clearer and improved horizontal~~a single legal instrument~~s and~~ combining the hvar~~monisation of certain aspects of consumer contract law; consi~~ious texts currently in force in orders t~~hat this should include other directives, such as those on distance selling of financial services and~~o clarify the rules applicable to e-commerce;

Amendment 146 #

Motion for a resolution
Paragraph 23 a (new)

23a. Invites the Commission to continue investigating the reasons why consumers reject e-commerce, with a view to drawing up effective guidelines for suitable legislation, and suggests creating a 'scoreboard' dedicated exclusively to e- commerce with the aim of obtaining a behavioural picture of the on-line consumer and identifying the factors which affect and determine such consumers' choices;

Amendment 147 #

Motion for a resolution
Paragraph 23 a (new)

23a. Calls for the gradual full harmonisation of the consumer directives so as to diminish the effect of the Rome I Directive, which imposes the ‘country of origin’ principle for transactions between businesses and consumers;

Amendment 148 #

Motion for a resolution
Paragraph 23 a (new)

23a. Recognizes that citizens will refrain from interacting, expressing their opinions freely and entering into transactions if they do not have sufficient confidence in the legal framework of the new digital space; whereas the guarantee and enforcement of fundamental rights in this context is an essential condition for confidence on the part of citizens; whereas the guarantee of protection of intellectual property rights (IPR) and other rights is an essential condition for confidence on the part of business,

Amendment 149 #

Motion for a resolution
Paragraph 24

24. Believes that consumer confidence can be built up through European trusted authorities or trust marks that guarantee the reliability and quality of goods placed on the cross-border electronic market; considers that a sustainable European trust mark needs to be established; whereby such a European trust mark scheme needs to be backed with a standards- control or enforcement mechanism, as is already the case at national level in some Member States. Recognizes that a cross border European trustmark scheme may only function in the context of EU law on which the European trustmark can be based;

Amendment 15 #

Motion for a resolution
Recital A

A. whereas Europe should not only seek ways to ~~complete~~further develop the internal market for e- commerce but also look into how the internal market could be ~~completed~~further develop by e- commerce,

Amendment 150 #

Motion for a resolution
Paragraph 24

24. Believes that consumer confidence can be developed by removing barriers to cross-border e-commerce, while preserving the highest level of consumer protection and can be built up through European trusted authorities or trust marks that guarantee the reliability and quality of goods placed on the cross-border electronic market; considers that a sustainable European trust mark needs to be established;

Amendment 151 #

Motion for a resolution
Paragraph 24

24. Believes that consumer confidence can be built up through European trusted authorities or trust~~mark~~ indicators that guarantee the reliability and quality of goods placed on the cross-border electronic market; considers that a sustainable European trustmark needs to be established, with clear and transparent rules and under the supervision of the Commission;

Amendment 152 #

Motion for a resolution
Paragraph 24 a (new)

24a. Maintains that existing European- wide trust marks provide adequate coverage of brand, retail, and consumer integrity and protection; believes that the creation of a uniform EU trust mark is unnecessary and has no added value for the consumer,

Amendment 153 #

Motion for a resolution
Paragraph 24 b (new)

24b. Emphasises the effort of the European Commission and the national postal regulators for the correct and timely implementation of the third Postal Services Directive (2008/06/EC) in the 27 Member States in order to achieve an increase of competition, lower prices and better services, to improve the conditions for delivery of goods purchased in cross- border e-commerce; emphasises further the importance of ensuring the availability of insurance services for parcel delivery,

Amendment 154 #

Motion for a resolution
Paragraph 25

25. Calls for a grant programme to be established and for use to be made of existing financial instruments for projects to increase users’ confidence in e- commerce, including educational and information campaigns and projects verifying online services in practice (such as 'mystery shopping'); emphasises the need to ~~create an electronic learning module based on the Dolceta project (Development of On-Line Consumer Education Tools for Adults);~~ develop online tools to educate consumers about e-commerce and new digital technology (principal rights of internet consumers, e-commerce, data protection rules, etc.) such as the Dolceta project (Development of On-Line Consumer Education Tools for Adults); recalls that the eventual objective is to provide basic teaching resources easily understandable by the greatest number, thus enabling citizens to enhance their digital skills and their knowledge of their rights and obligations, and to benefit responsibly and independently from the advantages of e-commerce in a digital society;

Amendment 155 #

Konstantinos POUPAKIS

Motion for a resolution
Paragraph 25

Amendment 156 #

Motion for a resolution
Paragraph 25

25. Calls for a ~~grant~~ programme to be established and for use to be made of existing financial instruments for projects to increase users’ confidence in e- commerce, including educational and information campaigns and projects verifying online services in practice (such as 'mystery shopping'); emphasises the need to create an electronic learning module based on the Dolceta project (Development of On-Line Consumer Education Tools for Adults);

Amendment 157 #

Motion for a resolution
Paragraph 25

25. Calls for ~~a grant programme to be established and for~~ use to be made of existing financial instruments for projects to increase users’ confidence in e- commerce, including educational and information campaigns and projects verifying online services in practice (such as 'mystery shopping'); emphasises the need to create an electronic learning module based on the Dolceta project (Development of On-Line Consumer Education Tools for Adults);

Amendment 158 #

Motion for a resolution
Paragraph 26

26. ~~Calls on~~Welcomes the Commission ~~to develop an EU charter of~~commitment to issue a Code of EU Online Rights by 2012 summarising existing digital users" rights in the ~~area of online services and e-commerce, in line with the objectives of the EU 2020 strategy;~~ EU in a clear and accessible way, complemented by an annual sweep of breaches of online consumer protection law and appropriate enforcement measures, in coordination with the European Network of Consumer Protection Agencies;

Amendment 159 #

Motion for a resolution
Paragraph 26

26. Calls on the Commission to develop an EU charter of users"' rights and obligations in the area of online services and e- commerce, in line with the objectives of the EU 2020 strategy;

Amendment 16 #

Motion for a resolution
Recital A a (new)

Aa. whereas Mario Monti's report "A new Strategy for the Single Market" stresses that "the single market is less popular than ever, yet it is more needed than ever."

Amendment 160 #

Motion for a resolution
Paragraph 26

26. ~~Calls on~~Supports the Commission ~~to develop an EU charter of users" rights in the area of~~on issuing a Code of EU Online Rights by 2012 covering online services and e-commerce, in line with the objectives of the EU 2020 strategy;

Amendment 161 #

Motion for a resolution
Paragraph 26 a (new)

26a. Calls on the Commission to act swiftly and to report in 2012 on its progress made in tackling the 10 barriers to cross-border e-commerce as stated in its communication of 22 October 2009 on cross-border business to consumer e- commerce in the EU (COM(2009)0557);

Amendment 162 #

Motion for a resolution
Paragraph 26 b (new)

26b. Calls on the Commission to not only focus on improving the safety and trust for consumers buying online within the EU, but also to actively reach out to third countries; Calls on the Commission to submit a report on the state of play with regards to bilateral and multilateral negotiations with third countries;

Amendment 163 #

Motion for a resolution
Paragraph 26 A (new)

26a. Invites the Commission to launch a dialogue between interested parties and the US, with a view to examining means of developing a transatlantic electronic market;

Amendment 164 #

Motion for a resolution
Paragraph 26 a (new) + Subheading

Concrete actions 26a. Calls on the Commission to ensure the removal of all barriers to the development of ecommerce identified in the Commission’s 2010 Digital Agenda and 2009 Cross-Border Business to Consumer e-Commerce in the EU Communications, by 2012, through both legislative and non-legislative means;

Amendment 165 #

Motion for a resolution
Paragraph 26 a (new)

26a. Calls on the Commission and the Member States to ensure a high level of consumer protection in ecommerce and the removal of barriers to the development of ecommerce identified in the Commission’s 2010 Communication on Digital Agenda and 2009 Communication on Cross-Border Business to Consumer e- Commerce in the EU, through both legislative and non-legislative means;

Amendment 166 #

Motion for a resolution
Paragraph 26 a (new)

26a. Calls on the Commission to convene a stakeholder dialogue with the USA to discuss ways in which to develop a trans- Atlantic E-commerce market;

Amendment 17 #

Motion for a resolution
Recital A a (new)

Aa. whereas the Monti report, “A new Strategy for the single market,” stresses that “the single market is less popular than ever, yet it is more needed than ever,”

Amendment 18 #

Motion for a resolution
Recital B a (new)

Ba. whereas e-commerce facilitates and promotes the development of new market niches for SMEs which would not otherwise exist,

Amendment 19 #

Motion for a resolution
Recital B a (new)

Ba. whereas e-commerce traders, in order to unlock the full potential of the EU single market, should be encouraged to promote their products in all EU member states using direct marketing or other communication tools,

Amendment 2 #

Motion for a resolution
Citation 1 a (new)

- having regard to the Communication from the Commission of 19 May 2010 entitled ‘A Digital Agenda for Europe’ (COM(2010) 245)

Amendment 20 #

Motion for a resolution
Recital B a (new)

Ba. whereas the Monti report, “A new Strategy for the single market,” notes that e-commerce together with innovative services and eco-industries holds the largest growth and employment dividends for the future and therefore represents a new frontier of the single market,

Amendment 21 #

Motion for a resolution
Recital B a (new)

Ba. whereas the Monti report, "A new Strategy for the single market," notes that e-commerce together with innovative services and eco-industries holds the largest growth and employment dividends for the future and therefore represents a new frontier of the single market,

Amendment 22 #

Motion for a resolution
Recital C

C. whereas it is crucial to achieve an effective functioning of the internal market to fulfil the Lisbon agenda goals of increasing growth, ~~employment~~competition and the creation of inclusive and competitionve jobs to serve the 500 million consumers in the EU and their well-being,

Amendment 23 #

Motion for a resolution
Recital C a (new)

Ca. whereas e-commerce offers a wider choice to consumers, especially to those living in less accessible, remote or outlying areas, as well as those with reduced mobility, who would otherwise not have access to a wide choice of goods,

Amendment 24 #

Motion for a resolution
Recital C a (new)

Ca. whereas e-commerce may provide consumers with greater choice, especially for citizens in rural, remote and peripheral areas who otherwise may not have access to a wider choice of goods;

Amendment 25 #

Motion for a resolution
Recital C a (new)

Ca. whereas e-commerce provides consumers with greater choice, especially for citizens in rural, remote and peripheral areas who may otherwise not have access to a wide choice of goods,

Amendment 26 #

Motion for a resolution
Recital D a (new)

Da. whereas the Digital Agenda for Europe sets reasonable performance targets for highspeed and ultra-fast broadband coverage and for e-commerce takeup,

Amendment 27 #

Motion for a resolution
Recital E

E. whereas European consumer and business confidence in the digital environment is low due to unnecessary barriers to e-commerce such as fragmentation of the EU market, consumers uncertainty about data confidentiality, security of transactions and consumer rights in case of problems, and whereas in certain aspects of e- commerce Europe is lagging behind the United States and Asia,

Amendment 28 #

Motion for a resolution
Recital E a (new)

Ea. having regard to the Commission communication on the digital agenda, which recognises that consumers in the EU very often opt to engage in transactions with firms based outside the US, for example in the US, a factor which points to the need to develop a policy for encouraging global forms of e-commerce,

Amendment 29 #

Motion for a resolution
Recital E a (new)

Ea. whereas the Digital Agenda for Europe sets reasonable performance targets for highspeed and ultra-fast broadband coverage and for ecommerce takeup,

Amendment 3 #

Motion for a resolution
Citation 1 b (new)

- having regard to Monti report, “A new Strategy for the single market,” published on 9 May 2010.

Amendment 30 #

Motion for a resolution
Recital E a (new)

Ea. whereas the Communication from the Commission ‘A Digital Agenda for Europe’ recognises that EU consumers choose to trade with entities based outside the EU, which illustrates the need to develop policy fostering global e- commerce market, together with the necessity to promote the importance of internationalisation of internet governance in line with the Tunis Agenda,

Amendment 31 #

Motion for a resolution
Recital E b (new)

Eb. whereas e-commerce is international and cannot be confined just within EU borders,

Amendment 32 #

Motion for a resolution
Recital E c (new)

Ec. whereas the Digital Agenda for Europe sets reasonable performance targets for highspeed and ultra-fast broadband coverage and for ecommerce takeup;

Amendment 33 #

Motion for a resolution
Recital G a (new)

Ga. whereas the same is true for extra- European e-commerce, as European consumers often do not differentiate between European or third States when buying and selling online; that there is therefore a need to also include third countries into the endeavour of making e- commerce more transparent, reliable and accountable,

Amendment 34 #

Motion for a resolution
Recital H a (new)

Ha. whereas intellectual property plays a crucial role in the digital world and whereas its protection, particularly on the internet, is therefore extremely important,

Amendment 35 #

Motion for a resolution
Recital H a (new)

Ha. whereas the existence of illegal services online seriously hampers the development of legitimate markets for certain digital services, notably for music, films and increasingly books and magazines,

Amendment 36 #

Motion for a resolution
Recital I

I. whereas e-commerce users have a right to compensation when they are affected by illegal practices, but in practice they face substantial barriers in bringing such cases to court due to ~~high cost~~lack of information on the legislation applying in the different Member States, long and complex procedures ~~and~~, the risks associated with litigation, particularly in cross-border cases, and high costs,

Amendment 37 #

Motion for a resolution
Recital I a (new)

Ia. whereas the protection of the fundamental right to privacy and to the protection of personal data constitute an important condition for e-commerce,

Amendment 38 #

Motion for a resolution
Recital K

K. whereas uniformising the most essential consumer rights at a high level of protection, as well as postal and banking costs, copyright levies, VAT procedures and data protection practices would go a long way towards creating a genuine single market for businesses and consumers,

Amendment 39 #

Motion for a resolution
Recital K

K. whereas uniformising the most essential consumer rights, as well as postal and banking costs, copyright levies, VAT procedures and data protection practices would go a long way towards creating a genuine single market for businesses and consumers; stresses that Member States must retain competency over VAT procedures,

Amendment 4 #

Motion for a resolution
Citation 2 a (new)

- having regard to Mario Monti's report "A new Strategy for the Single Market" of 9 May 2010;

Amendment 40 #

Motion for a resolution
Recital K

K. whereas uniformising the most essential consumer rights, ~~as well as postal and banking costs,~~ copyright levies, VAT registration procedures and high-level data protection practices would go a long way towards creating a genuine single market for businesses and consumers,

Amendment 41 #

Motion for a resolution
Recital K

K. whereas ~~uniformis~~strengthening the most essential consumer rights, a~~s well as~~nd harmonising postal and banking costs, copyright levies, VAT procedures and data protection practices would go a long way towards creating a genuine single market for businesses and consumers,

Amendment 42 #

Motion for a resolution
Recital K

K. whereas uniformising the most essential consumer rights, as well as postal and banking costs, ~~copyright levies,~~ VAT procedures and data protection practices would go a long way towards creating a genuine single market for businesses and consumers,

Amendment 43 #

Motion for a resolution
Recital K a (new)

Ka. whereas access to affordable, reliable and high-quality postal services throughout the European Union is a priority for realising an effective internal market for e-commerce,

Amendment 44 #

Motion for a resolution
Recital K A (new)

Ka. whereas the existing vertical distribution agreements are often used to avoid or restrict on-line sales, thus denying retailers access to wider markets, undermining consumers' rights to a wider choice and better prices, and thus creating barriers to the expansion of commerce,

Amendment 45 #

Motion for a resolution
Recital L a (new)

La. whereas the legal protection and confidence of purchasers in e-commerce need to be enhanced, while not forgetting that sellers and businesspeople also need legal protection,

Amendment 46 #

Motion for a resolution
Recital L a (new)

La. whereas flexibility in markets is the most effective way to encourage growth; calls for the European Institutions to ensure that online markets are as flexible as possible to allow for greater enterprise and enlargement in this sector,

Amendment 47 #

Motion for a resolution
Recital L b (new)

Lb. whereas the Commission's "Consumer Market Scoreboard" is a good tool for monitoring the status of cross-border e-commerce in the EU by indicating to what extent consumers can exploit goods and services in the Single Market,

Amendment 48 #

Motion for a resolution
Recital L c (new)

Lc. whereas the roll out of internet broadband services across EU Member States within the target set for 2013 is vital in providing both consumers and businesses with access to the digital economy,

Amendment 49 #

Motion for a resolution
Paragraph 1 a (new)

1a. Welcomes the Commission Communication of 19 May 2010 on a Digital Agenda for Europe setting out the Commission strategy aimed, among others, at making online transactions straightforward and at building digital confidence;

Amendment 5 #

Motion for a resolution
Citation 4 a (new)

- having regard to the Monti report of 9 May 2010 ('A new strategy for the single market'),

Amendment 50 #

Motion for a resolution
Paragraph 1 a (new)

1a. Calls on the European Commission to respond to the urgency outlined in Monti's report "A New Strategy for the Single Market", which concludes that as a vital tool for the future of the internal market, the EU should urgently address the remaining obstacles to create a pan European online retail market by 2012;

Amendment 51 #

Motion for a resolution
Paragraph 1 a (new)

1a. Welcomes the EU2020 Strategy's promotion of a knowledge-based economy and encourages the Commission to take swift action on increasing the speed of broadband services as well as streamlining the charges of such services throughout the Union, so as to better achieve a single market for e-Commerce.

Amendment 52 #

Motion for a resolution
Paragraph 2

2. Calls on the Commission to harmonise all the principal definitions in this field over a reasonable period of time, while acknowledging the hard work already done in areas relevant to e-commerce;

Amendment 53 #

Motion for a resolution
Paragraph 2 a (new)

2a. Stresses that the completion of the e- commerce single market requires a horizontal approach by the Commission, involving effective coordination between Directorate Generals; therefore, welcomes the Commission's recent commitment to establish a 'Commissioners' Group' (in their Digital Agenda for Europe report) to ensure effective joined-up policy;

Amendment 54 #

Motion for a resolution
Paragraph 2 a (new)

2a. Points out that e-commerce should be seen as an extra tool for SMEs in increasing their competitiveness, and not as a goal in itself;

Amendment 55 #

Morten LØKKEGAARD

Motion for a resolution
Paragraph 2 a (new)

2a. Calls on the Commission to address the promotion of a well-functioning digital single market for goods and services as a matter of urgency in order to benefit from its huge untapped potential for growth and jobs;

Amendment 56 #

Motion for a resolution
Paragraph 2 a (new)

2a. Calls on the European Commission and the Member States to respond to the urgency outlined in the Monti's report, “A new Strategy for the single market,” that the EU should urgently address the remaining obstacles to create a pan European online retail market by 2012;

Amendment 57 #

Philippe JUVIN, Anna Maria CORAZZA BILDT, Constance LE GRIP

Motion for a resolution
Paragraph 3

3. Stresses the need for an active policy to enable citizens and businesses to benefit fully from the internal market, which offers good quality goods and services at competitive prices; considers that this is all the more essential in the current economic crisis as a means of fighting against growing inequalities and protecting ~~vulnerable consumers~~consumers who are vulnerable, live in remote locations or have reduced mobility, low-income groups, and small and medium-sized businesses which are particularly concerned to join the world of e-commerce;

Amendment 58 #

Motion for a resolution
Paragraph 3

3. Stresses the need for an active policy to enable citizens and businesses to benefit fully from the internal market, which offers good quality goods ~~and services~~ at competitive prices; considers that this is all the more essential in the current economic crisis as a means of fighting against growing inequalities and protecting vulnerable consumers, low- income groups and small and medium- sized businesses;

Amendment 59 #

Motion for a resolution
Paragraph 3 b (new)

3b. Stresses the importance of making full use of the potential of e-commerce as part of making the EU more competitive on the global level;

Amendment 6 #

Motion for a resolution
Citation 4 b (new)

- having regard to the resolution of Parliament P7_TA(2010)0186 of 20 May 2010 on delivering a single market for consumers and citizens,

Amendment 60 #

Motion for a resolution
Paragraph 4

4. ~~Calls for standard~~Stresses, in the context of the current review of the rules on obligations to supply information, the potential benefits of the future harmonisation of pre- contractual information in e-commerce~~, while~~ at a high level of consumer protection; draws attention, however, to the difficulties which would be entailed by the creation, within distance selling, of any separate scheme for e-commerce; proposes retaining a minimum harmonisation approach for ~~face-to-face~~ contracts in specific sectors, such as health services or estate agents;

Amendment 61 #

Motion for a resolution
Paragraph 4

4. Calls for ~~standardisation of~~ pre- contractual information in ~~e-commerce, while retaining a minimum harmonisation approach for face-to-face contracts~~distance selling, particularly e-commerce, to be standardised at a high level of consumer protection to the extent that such harmonisation can be adapted to the advent of new forms of distance selling, and calls for a minimum harmonisation approach to be retained for distance selling in specific sectors, such as health services or estate agents;

Amendment 62 #

Motion for a resolution
Paragraph 4

4. Calls for ~~standardis~~a better approximation of pre- contractual information in e-commerce, while retaining a minimum harmonisation approach for face-to-face contracts in specific sectors, such as health services or estate agents;

Amendment 63 #

Andreas SCHWAB, Eija-Riitta KORHOLA, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 4

4. Calls for ~~standardisation~~efforts to seek the highest common denominator of pre- contractual information in e-commerce, ~~while retaining a minimum harmonisation approach for face-to-face contracts in specific sectors, such as health services or estate agent~~so as to ensure transparency and trust between consumers and sellers;

Amendment 64 #

Motion for a resolution
Paragraph 4

4. Calls for standardisation of ~~pre- contractual information~~information requirements in e-commerce, while retaining a minimum harmonisation approach for ~~face-to-face~~ contracts in specific sectors, such as health services or estate agents;

Amendment 65 #

Motion for a resolution
Paragraph 4

4. Calls for standardisation of pre- contractual information in e-commerce, while retaining a minimum harmonisation approach as a general rule for face-to-face contracts ~~in specific sectors, such as health services or estate agents~~;

Amendment 66 #

Motion for a resolution
Paragraph 5

5. CRecalls ~~for uniformisation of specific~~that there are major differences between the rules and practices ~~to allow~~of distance traders a~~nd direct sellers to move beyond their national borders in the guarantees and liability offered~~s to the guarantees and liability they offer within and beyond their national borders and as to the benefits which harmonisation would bring them; calls for an in-depth impact analysis of the consequences for e-commerce of any harmonisation of specific rules concerning the legal guarantee of conformity with existing national legislation;

Amendment 67 #

Motion for a resolution
Paragraph 5

5. Calls for uniformisation of specific rules and practices to allow distance traders ~~and direct sellers~~, particularly those in e-commerce, to move beyond their national borders in the guarantees and liability offered;

Amendment 68 #

Andreas SCHWAB

Motion for a resolution
Paragraph 5

5. Calls for uniformisation of ~~specific~~ rules and practices to allow distance traders ~~and direct sellers~~ to move beyond their national borders in the guarantees and liability offered;

Amendment 69 #

Motion for a resolution
Paragraph 5 a (new)

5a. Advocates the development of an appropriate, efficient, safe and innovative system of on-line payment which can offer consumers freedom and choice as regards mode of payment, does not involve fees which might undercut or limit choice, and ensures protection of the consumer's data;

Amendment 7 #

Motion for a resolution
Citation 6 a (new)

- having regard to the report, “A new Strategy for the single market,” published on 9 May 2010.

Amendment 70 #

Motion for a resolution
Paragraph 6

6. CWelcomes the Commission proposal to promote electronic invoicing and calls on the Council to arrive speedily at an agreement with Parliament; also calls on the Commission and the Member States to propose measures and reach agreements respectively with a view to simplifying and streamlining VAT reporting obligations for cross-border e- commerce;

Amendment 71 #

Sylvana RAPTI

Motion for a resolution
Paragraph 6

6. Calls on the Commission and the Member States to propose measures and reach agreements respectively with a view to simplifying and streamlining VAT reporting obligations for cross-border e- commerce and simplifying VAT registration procedures;

Amendment 72 #

Motion for a resolution
Paragraph 6 a(new)

6a. Stresses the need to clarify the impact of the VAT package on crossborder postal services, with a view to avoiding legal uncertainty and price increases; the VAT exemption for universal postal services under the EU's VAT directive must not be affected by a new fiscal rule based on the place of supply of services;

Amendment 73 #

Motion for a resolution
Paragraph 6 a (new)

6 a. Stresses the need to clarify the impact of the VAT package on cross-border postal services to avoid any legal uncertainties and price increases. The VAT exemption of postal universal services in accordance with the EU VAT Directive should not be impacted by the new tax rule regarding the place of supply of these services;

Amendment 74 #

Hans-Peter MAYER

Motion for a resolution
Paragraph 7

7. Stresses the need to simplify and streamline measures on electric and electronic waste, cross-border management of copyright levies on blank media and recording devices, the EU-wide licensing of content, and EU rules governing cross- border electronic invoicing ('e- invoicing') for distance selling;

Amendment 75 #

Motion for a resolution
Paragraph 7

7. Stresses the need to simplify and streamline measures on electric and electronic waste, cross-border management of copyright levies on blank media and recording devices, and EU rules governing cross-border electronic invoicing ('e- invoicing') for distance selling;Does not affect English version.

Amendment 76 #

Motion for a resolution
Paragraph 7

7. Stresses the need to simplify and streamline measures on electric and electronic waste, ~~cross-border management of copyright levies on blank media and recording devices,~~ and EU rules governing cross-border electronic invoicing ('e- invoicing') for distance selling;

Amendment 77 #

Motion for a resolution
Paragraph 7 a(new)

7a. Suggests creating a 'one-stop shop' system at European level with a view to finding crossborder solutions for administering Member States' different rules and regulations, as in the case of declaration and payment of VAT or other applicable taxes;

Amendment 78 #

Motion for a resolution
Paragraph 7 a (new)

7a. Calls on the Commission to explore options on how to promote the accessibility to creative content on the internet such as music and audiovisual works and on how to respond to the citizens' demand for consumer-friendly cross-border services;

Amendment 79 #

Motion for a resolution
Paragraph 8

8. CRegrets that the Services Directive has still not been fully transposed in some Member States; calls on the Commission and the Member States to ensure the effective implementation of Article 20(2) of the Services Directive, and calls on the Commission to propose a provision for access to products delivered cross-border, in line with that article of the directive;

Amendment 8 #

Motion for a resolution
Citation 10 a (new)

- having regard to the Commission communication of 19 May 2010 entitled ‘A Digital Agenda for Europe’ (COM(2010) 245)

Amendment 80 #

Motion for a resolution
Paragraph 8

8. Calls on the Commission and the Member States to bring an end to geographic discrimination against consumers based on their on or offline address by ensuring to ensure the effective implementation of Article 20(2) of the Services Directive, and calls on the Commission to propose a provision for access to products delivered cross-border, in line with that article of the directive;

Amendment 81 #

Motion for a resolution
Paragraph 8

8. Calls on the Commission and the Member States to ~~ensure~~put an end to discrimination against consumers on the grounds of electronic address or residence, ensuring the effective implementation of Article 20(2) of the Services Directive, and calls on the Commission to propose a provision for access to products delivered cross-border, in line with that article of the directive;

Amendment 82 #

Motion for a resolution
Paragraph 8

8. Calls on the Commission and the Member States to ~~ensure~~bring an end to geographic discrimination against consumers based on their on or offline address by ensuring the effective implementation of Article 20(2) of the Services Directive, and calls on the Commission to propose a provision for access to products delivered cross-border, in line with that article of the directive;

Amendment 83 #

Motion for a resolution
Paragraph 8

8. Calls on the Commission and the Member States to ensure the effective implementation of Article 20(2) of the Services Directive, a~~nd calls on the Commission to propose a provision for access to products delivered cross-border, in line with that article of the directive~~s well as the proper enforcement by national authorities and courts of the national provisions implementing this non-discrimination rule in the legal systems of Member States;

Amendment 84 #

Motion for a resolution
Paragraph 8 a (new)

8a. Calls for an integrated political approach to the completion of the single market in transport, covering all modes (including cabotage by road, rail freight, etc), as well as to environmental legislation, with a view to preventing inefficiencies in the supply chain or unnecessary cost increases for distance sellers and e-commerce clients;

Amendment 85 #

Motion for a resolution
Paragraph 8 a (new)

8a. Calls for an integrated policy approach regarding the completion of the Single Market of transport for all modes (i.e. road cabotage, rail freight, etc.) and environmental legislation in order to avoid inefficiencies of the supply chain and unnecessary cost increases for distance sellers and e-commerce customers.

Amendment 86 #

Motion for a resolution
Paragraph 9

9. Calls for measures to be taken in order to contribute towards an increase in the number of internet users and the improvement of the quality, price and speed of the net in those countries and regions within the Union that do not have a good-quality connection, paying particular attention to consumers and businesses in mountain areas or island regions where, in addition to more restricted Internet access, postal charges are very high and delivery times very long for goods purchased or sold;

Amendment 87 #

Motion for a resolution
Paragraph 9

Amendment 88 #

Motion for a resolution
Paragraph 9

9. Calls for broadband access to be considered a citizens right and calls on measures to be taken in order to contribute towards a~~n increase~~ maximisation in the number of internet users and the improvement of the quality, price and speed of the internet in those countries and regions within the Union that do not have a good-quality connection;

Amendment 89 #

Motion for a resolution
Paragraph 9

Amendment 9 #

Motion for a resolution
Citation 12 a (new)

- having regard to the report of 9 May 2010 by Professor Mario Monti to the President of the European Commission on a new strategy for the internal market,

Amendment 90 #

Motion for a resolution
Paragraph 9 a (new)

9a. Calls for the Commission and Member States to introduce more ambitious targets for e-commerce use, commensurate with the accepted economic importance placed on online commerce, that lead to 60% of the EU population buying online, 30% buying online cross-border, and 50% of SMEs doing business online in 2015;

Amendment 91 #

Jürgen CREUTZMANN, Robert ROCHEFORT

Motion for a resolution
Paragraph 9 a (new)

9a. Supports the Commission’s broadband targets to enable all EU citizens to access basic broadband by 2013, to enable access to broadband at minimum 30Mbps for all citizens by 2020, with half of the European Unions citizens having access to broadband of 100Mbps and calls for concrete measures to ensure that these targets will be fulfilled;

Amendment 92 #

Motion for a resolution
Paragraph 9 a (new)

9a. Stresses that specific measures should be put in place for the protection of children and young people, notably via the development of age verification systems and the prohibition of online marketing practices that have a negative impact on children’ behaviour;

Amendment 93 #

Bernadette VERGNAUD

Motion for a resolution
Paragraph 10

10. Calls on the Commission to begin formulating European standards to facilitate cross-border e-commerce, to bridge variations between the laws in force within the various Member States and to remove the obligation within a selective distribution network of having an off-line shop prior to selling on-line~~, as both prevent~~ where it is shown that such an obligation is not justified by the nature of the goods and services sold, thus enabling consumers and small and medium- sized enterprises ~~from~~to fully exploit~~ing~~ the internal market's potential in the electronic environment;

Amendment 94 #

Motion for a resolution
Paragraph 10

10. Calls on the Commission to begin formulating European standards to facilitate cross-border e-commerce, to bridge variations between the laws in force within the various Member States and to remove the obligation, within a selective distribution network, of having an off-line shop prior to selling on-line, ~~as both prevent~~when it is demonstrated that such an obligation is not justified by the nature of the contract goods or services so that both consumers and small and medium- sized enterprises ~~from~~can fully exploit~~ing~~ the internal market's potential in the electronic environment;

Amendment 95 #

Motion for a resolution
Paragraph 10

10. Calls on the Commission to begin formulating European standards to facilitate cross-border e-commerce, to bridge variations between the laws in force within the various Member States and to remove the obligation within a selective distribution network of having an off-line shop prior to selling on-line, ~~as both prevent~~when it is demonstrated that such an obligation is not justified by the nature of the contract goods or services so that both consumers and small and medium- sized enterprises ~~from~~can fully exploit~~ing~~ the internal market's potential in the electronic environment;

Amendment 96 #

Motion for a resolution
Paragraph 10

10. Calls on the Commission to begin formulating European standards to facilitate cross-border e-commerce, to bridge variations between the laws in force within the various Member States and to remove the obligation of having an off-line shop prior to selling on-–line, when it is demonstrated that such an obligation is in contradiction with competition law; as both prevent consumers and small and medium- sized enterprises from fully exploiting the internal market'’s potential in the electronic environment;

Amendment 97 #

Motion for a resolution
Paragraph 10

10. Calls on the Commission to begin formulating European standards to facilitate cross-border e-commerce, to bridge variations between the laws in force within the various Member States and to remove the obligation within a selective distribution network of having an off-line shop prior to selling on-–line, ~~as both prevent consumers and small and medium-sized enterprises from fully exploiting the internal market's potential in the electronic environment~~when it is demonstrated that such an obligation is not justified by the nature of the contract goods or services;

Amendment 98 #