Procedure completed
2017/2065(INI) Towards a digital trade strategy
Lead committee dossier: INTA/8/09922
Legal Basis RoP 52
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | IMCO | DALTON Daniel (ECR) | |
| Lead | INTA | SCHAAKE Marietje (ALDE) | REDING Viviane (EPP), GRASWANDER-HAINZ Karoline (S&D), MCCLARKIN Emma (ECR), SCHOLZ Helmut (GUE/NGL), HAUTALA Heidi (Verts/ALE), BORRELLI David (EFD) |
| Opinion | ITRE | BÜTIKOFER Reinhard (Verts/ALE) | |
| Opinion | LIBE | MLINAR Angelika (ALDE) |
Legal Basis RoP 52
Subjects
Activites
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2017/12/12
Results of vote in Parliament
- Results of vote in Parliament
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T8-0488/2017
summary
The European Parliament adopted by 510 votes to 95 with 17 abstentions a resolution entitled ‘Towards a digital trade strategy’. Whilst the globalisation and digitalisation of economies and of international trade have enabled businesses to grow and provided economic opportunities for citizens, Parliament believed that the digital economy requires a rules-based framework, including modern trade rules which can reconcile the rapid changes in the market with the rights of consumers, providing the policy space for new regulatory initiatives needed by governments to defend the protection of human rights. The resolution underlined that the EU, as a community of values and the world’s biggest exporter of services, should set the standards in international rules and agreements on digital trade flows based on three elements: ensuring market access for digital goods and services in third countries; ensuring that trade rules create tangible benefits for consumers and; ensuring and promoting respect for fundamental rights. Parliament emphasised the need to bridge the digital divide in order to reduce potential negative impacts on society and development. It stressed in this context the need to remove barriers to lifelong learning and to reduce gender disparities in access to new technologies. Personal data: Members recalled that personal data might be transferred to third countries when the requirements enshrined in the current Data Protection Directive and in the forthcoming Data Protection Regulation, are fulfilled. Whilst adequacy decisions constitute a fundamental mechanism in terms of safeguarding the transfer of personal data from the EU to a third country, the EU has only adopted adequacy decisions with four of its 20 largest trading partners. The Commission was called upon to speed up the adoption of adequacy decisions, provided that third countries ensure a level of protection ‘essentially equivalent’ to that guaranteed within the EU. Furthermore, Members urged the Commission to incorporate into the EU’s trade agreements a horizontal provision, which fully maintains the right of a party to protect personal data and privacy. Such rules and provisions should form part of all new and recently launched trade negotiations with third countries. Data localisation: Parliament called on the Commission to strictly prohibit unjustified data localisation requirements in free trade agreements (FTAs), stating that the removal of such requirements should be a top priority. It pointed to attempts to use such requirements as a form of non-tariff barrier to trade and as a form of digital protectionism, which seriously hampers opportunities for European businesses in third country markets and undermines the efficiency benefits of digital trade. Net neutrality: a digital trade strategy must be fully in line with the principle of net neutrality and safeguard the equal treatment of internet traffic, irrespective of its sender, receiver, type, content, device, service or application. In addition, traffic management measures should only be allowed in exceptional cases, where strictly necessary, and only for the necessary time. Source codes: Members strongly deplored third country practices that make market access conditional on the disclosure and transfer to state authorities of the source codes of the software that companies intend to sell. They felt that such measures are disproportionate as a blanket requirement for market access, and called on the Commission to prohibit signatory governments to FTAs from engaging in such activities. The resolution went on to highlight the following points: the need to protect intellectual property rights and investments in R&D, and push for the worldwide implementation of international standards such as the WTO TRIPS Agreement and the WIPO Internet Treaties; the need to use trade agreements to promote the interoperability of ICT standards that benefit both consumers and producers, notably in the context of a secure Internet of things, 5G and cybersecurity; the need to put in place simplified, tax- and duty-free customs treatment of items sold online and returns unused; the need to include in trade agreements provisions to ensure that international roaming charges and rates for international calls and messages are transparent, fair, reasonable and focused on the needs of the consumer; in view of the fact that only 53.6 % of all households worldwide have access to the internet, the Commission should further mainstream digital technologies and services into the EU’s development policy; digital issues should also feature more prominently in the EU’s Aid for Trade policy to facilitate the growth of e-commerce; the need to ensure the deployment of appropriate infrastructure in terms of coverage, quality and security, as well as access to such infrastructure, particularly in rural, mountainous and remote areas; the Commission should foster the emergence of global industry standards under EU leadership for key 5G technologies and network architectures.
- 2017/12/11 Debate in Parliament
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2017/11/29
Committee report tabled for plenary, single reading
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A8-0384/2017
summary
The Committee on International Trade adopted the own-initiative report by Marietje SCHAAKE (ALDE, NL) entitled towards a digital trade strategy. Whilst the globalisation and digitalisation of economies and of international trade have enabled businesses to grow and provided economic opportunities for citizens, the committee believed that the digital economy requires a rules-based framework, including modern trade rules which can reconcile the rapid changes in the market with the rights of consumers, providing the policy space for new regulatory initiatives needed by governments to defend the protection of human rights. Members underlined that the EU, as a community of values and the world’s biggest exporter of services, should set the standards in international rules and agreements on digital trade flows based on three elements: ensuring market access for digital goods and services in third countries; ensuring that trade rules create tangible benefits for consumers and; ensuring and promoting respect for fundamental rights. They highlighted the following issues: Personal data: Members recalled that personal data may be transferred to third countries when the requirements enshrined in the current Data Protection Directive and in the forthcoming Data Protection Regulation, are fulfilled. Whilst adequacy decisions constitute a fundamental mechanism in terms of safeguarding the transfer of personal data from the EU to a third country, the EU has only adopted adequacy decisions with four of its 20 largest trading partners. The Commission was called upon to speed up the adoption of adequacy decisions, provided that third countries ensure a level of protection ‘essentially equivalent’ to that guaranteed within the EU. Furthermore, Members urged the Commission to incorporate into the EU’s trade agreements a horizontal provision, which fully maintains the right of a party to protect personal data and privacy. Such rules and provisions should form part of all new and recently launched trade negotiations with third countries. Data localisation: the committee called on the Commission to strictly prohibit unjustified data localisation requirements in free trade agreements (FTAs), stating that the removal of such requirements should be a top priority. It pointed to attempts to use such requirements as a form of non-tariff barrier to trade and as a form of digital protectionism, which seriously hampers opportunities for European businesses in third country markets and undermines the efficiency benefits of digital trade. Net neutrality: a digital trade strategy must be fully in line with the principle of net neutrality and safeguard the equal treatment of internet traffic, irrespective of its sender, receiver, type, content, device, service or application. Source codes: Members strongly deplored third country practices that make market access conditional on the disclosure and transfer to state authorities of the source codes of the software that companies intend to sell. They felt that such measures are disproportionate as a blanket requirement for market access, and called on the Commission to prohibit signatory governments to FTAs from engaging in such activities. The report went on to highlight the following points: the need to protect intellectual property rights and investments in R&D, and push for the worldwide implementation of international standards such as the WTO TRIPS Agreement and the WIPO Internet Treaties; the need to use trade agreements to promote the interoperability of ICT standards that benefit both consumers and producers, notably in the context of a secure Internet of things, 5G and cybersecurity; the need to put in place simplified, tax- and duty-free customs treatment of items sold online and returns unused; in view of the fact that only 53.6 % of all households worldwide have access to the internet, the Commission should further mainstream digital technologies and services into the EU’s development policy; digital issues should also feature more prominently in the EU’s Aid for Trade policy to facilitate the growth of e-commerce; the Commission should foster the emergence of global industry standards under EU leadership for key 5G technologies and network architectures.
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A8-0384/2017
summary
-
2017/11/23
Vote in committee, 1st reading/single reading
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2017/05/18
Committee referral announced in Parliament, 1st reading/single reading
Documents
- Committee report tabled for plenary, single reading: A8-0384/2017
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T8-0488/2017
| Amendments | Dossier |
| 333 |
2017/2065(INI)
2017/09/06
IMCO
40 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Reiterates its support for the Commission’s ‘Trade for All’ strategy; encourages the Commission to continue to prioritise new approaches to facilitate trade in digital goods and services and eliminate digital non-tariff barriers; believes that the EU should have a leading role in promoting digital trade issues on international level and considers that all avenues for progress in this area should be explored;
Amendment 10 #
Draft opinion Paragraph 2 2. Underlines that measures envisaged for the Digital Single Market strategy, such as improvements to the legal regime for e- commerce and associated consumer protections, tackling geo-blocking and improving cyber security, the fight against illegal material and content on the Internet, the fight against counterfeiting and the protection of intellectual property, are relevant for both the EU’s external trade policy and the single market;
Amendment 11 #
Draft opinion Paragraph 2 2. Underlines that measures envisaged for the Digital Single Market strategy, such as improvements to the legal regime for e- commerce and associated consumer protections, tackling geo-blocking and improving cyber security, are relevant for both the EU’s external trade policy and the single market and attempts should be made to establish European standards, such as in data protection, globally and thus to prevent regulatory competition;
Amendment 12 #
Draft opinion Paragraph 3 3. Notes the efforts made by the WTO to advance its work programme on e- commerce; regrets that positive progress has been slow in this regard; calls on the Commission to be ambitious in framing issues to be addressed in the programme;
Amendment 13 #
Draft opinion Paragraph 3 3. Notes the efforts made by the WTO to advance its work programme on e- commerce; regrets that positive progress has been slow in this regard; calls on the Commission to be ambitious in framing issues to be addressed in the programme; considers that particular consideration should be given to the increasing number of consumers caught up in customs procedures and possible violations in relation to goods purchased over the internet; believes that a higher de minimis rate should be pursued in the context of t
Amendment 14 #
Draft opinion Paragraph 3 3. Notes the efforts made by the WTO to advance its work programme on e- commerce; regrets that positive progress has been slow in this regard; calls on the Commission to be ambitious in framing issues to be addressed in the programme; considers that particular consideration should be given to the increasing number of consumers caught up in customs procedures and possible violations in relation to goods purchased over the internet
Amendment 15 #
Draft opinion Paragraph 3 3. Notes the efforts made by the WTO to advance its work programme on e- commerce; regrets that positive progress has been slow in this regard; calls on the Commission to be ambitious in framing issues to be addressed in the programme; considers that particular consideration should be given to the increasing number of consumers caught up in customs procedures and possible violations in relation to goods purchased over the internet
Amendment 16 #
Draft opinion Paragraph 3 3. Notes the efforts made by the WTO to advance its work programme on e- commerce; regrets that positive progress has been slow in this regard; calls on the Commission to be ambitious in framing issues to be addressed in the programme; considers that particular consideration should be given to the increasing number of consumers caught up in customs procedures and possible violations in relation to goods purchased over the internet;
Amendment 17 #
Draft opinion Paragraph 3 3. Notes the efforts made by the WTO to advance its work programme on e- commerce; regrets that positive progress has been slow in this regard; calls on the Commission to be ambitious in framing issues to be addressed in the programme; considers that particular consideration should be given to the increasing number of consumers caught up in customs procedures and possible violations in relation to goods purchased over the internet; believes that broader use of tools such as online dispute settlements would be beneficial for consumers in this regard; believes that a higher de minimis rate should be pursued in the context of trade negotiations;
Amendment 18 #
Draft opinion Paragraph 3 a (new) 3a. Considers, in this regard, that the regulatory framework for e-commerce should, on the one hand, ensure that consumers are effectively protected from any infringements when purchasing goods over the internet and, on the other, reduce red tape for micro-businesses and SMEs, which have the greatest to gain from the guaranteed visibility of online trade;
Amendment 19 #
Draft opinion Paragraph 3 a (new) 3 a. Notes that the increasingly interconnected market requires building and strengthening consumer trust in online services.The effective tools such as secure and reliable online payment systems and innovative dispute settlement mechanisms are crucial to reduce online fraud, tackle unfair practices and improve access to information about consumer rights to facilitate consumer redress;
Amendment 2 #
Draft opinion Paragraph 1 1. Reiterates its support for the Commission’s ‘Trade for All’ strategy; encourages the Commission to continue to prioritise new approaches to facilitate trade in digital goods and services and eliminate digital non-tariff barriers; considers that all avenues for progress in this area should be explored; underlines that it is of outmost importance to strengthen the competitiveness of the European enterprises in the global market to fully use EU economic potential;
Amendment 20 #
Draft opinion Paragraph 3 a (new) 3 a. Asks the Commission to analyses custom and taxation agreements to ensure that digital trade is not harmed by rules that were drafted with only physical goods in mind and to seek reforms where needed;
Amendment 21 #
Draft opinion Paragraph 3 a (new) 3 a. Underlines the importance of proper consumer information in order to minimise the numbers of infringements and penalties and to strengthen the trust in digital trade;
Amendment 22 #
Draft opinion Paragraph 3 b (new) 3 b. Believes that consumers should have access to secure international payment systems and basic consumer protection on international transactions;asks the Commission to promote and work towards such improvements as part of the increase in international trade;
Amendment 23 #
Draft opinion Paragraph 3 b (new) 3 b. Furthermore, notes that the access to information indicating various measurements, such as clothes or shoes sizes, is necessary in order to facilitate the digital trade;
Amendment 24 #
Draft opinion Paragraph 3 c (new) 3 c. Asks the Commission to seek the further expansion of the WTO's Information Technology Agreement to more products and more WTO members;
Amendment 25 #
Draft opinion Paragraph 4 4. Believes that digital trade should be further facilitated in procurement policies, including by taking advantage of possibilities to provide services remotely and enabling European companies to obtain fair access to public and private procurement;
Amendment 26 #
Draft opinion Paragraph 4 4. Believes that digital trade should be further facilitated in procurement policies, including by taking advantage of possibilities to provide services remotely, especially in order to increase access for SMEs to public procurement;
Amendment 27 #
Draft opinion Paragraph 4 4. Believes that digital trade should be further facilitated in procurement policies, including by taking advantage of possibilities to provide services remotely without prejudice to the EU's data protection and privacy rules;
Amendment 28 #
Draft opinion Paragraph 5 Amendment 29 #
Draft opinion Paragraph 5 5. Emphasises that digital trade is best facilitated through an open exchange of data, with no geographical restrictions;
Amendment 3 #
Draft opinion Paragraph 1 a (new) 1 a. Takes into account the fact that data protection is a fundamental European right and not a barrier to trade;and consumers trust this right and other European standards such as consumer protection in digital trade;
Amendment 30 #
Draft opinion Paragraph 5 5. Emphasises that digital trade is best facilitated through an open exchange of data, with no geographical restrictions; considers that the removal of data localisation requirements should be a top priority, while emphasising that the relevant data protection legislation should be adhered to; regrets attempts to use such requirements as a form of non-tariff barrier to trade and as a form of digital protectionism; believes that the first step towards a global ban on data localisation requirements should be an Union-wide ban within the single market and the establishment of the free flow of data as a "fifth freedom" in Europe and supports all Commission efforts in this regards; calls for the creation of an international convention on data flows, in addition to bi-lateral agreements on the free flow of data;
Amendment 31 #
Draft opinion Paragraph 5 a (new) 5a. Points out that differences in national tax systems result in different taxation costs and compliance costs, and are a hindrance to participating in digital trade, particularly for SMEs and start-ups that wish to engage in cross- border trade;
Amendment 32 #
Draft opinion Paragraph 5 a (new) 5 a. Calls on the Commission to include digital trade and data flows as part of all future trade negotiation mandates;furthermore invites the Commission to seek the introduction of annexes on digital trade and data flows to current agreements, wherever possible;
Amendment 33 #
Draft opinion Paragraph 5 a (new) 5a. Stresses that the exchange of open data must respect the principles of intellectual property protection;
Amendment 34 #
Draft opinion Paragraph 5 b (new) 5b. Stresses that the new challenges of digital trade must also be reflected in education, which is important for both consumers and businesses;
Amendment 35 #
Draft opinion Paragraph 6 6. Recognises that multilateral international trade discussions on digital trade are not as advanced as comparable debates on the Digital Single Market; recommends that, at least at a bilateral level, the Commission develops positions on the anticipated developments in digital trade, including the
Amendment 36 #
Draft opinion Paragraph 6 a (new) 6a. Stresses that measures envisaged for the Digital Single Market strategy should also take into account the need to increase the digital skills of citizens and SMEs, in general in rural areas and the less developed economies;
Amendment 37 #
Draft opinion Paragraph 6 a (new) 6 a. Supports making the current WTO moratorium on tariffs on electronic transmissions permanent;calls on the Member States to defend European interests from any attempts to generate revenue from such tariffs by third party countries;
Amendment 38 #
Draft opinion Paragraph 6 b (new) 6 b. Underlines the value of the Collaborative Economy, both within the Single Market and between EU businesses and consumers and businesses outside the EU;believes the global growth of this type of commerce should be seen as a positive for the future of trade;
Amendment 39 #
Draft opinion Paragraph 6 c (new) 6 c. Takes note of the WTO Ministerial Conference in Buenos Aires scheduled for the December 2017;asks the Commission to consult with European businesses and Member States as soon as possible on the Commission's position on e-commerce and other digital trade matters to be agreed at the conference in order to ensure an united European position;
Amendment 4 #
Draft opinion Paragraph 1 a (new) 1 a. Calls for the general identification and elimination of obstacles in the internal market for digital trade;
Amendment 40 #
Draft opinion Paragraph 6 d (new) 6 d. Stresses the important of international standards on digital equipment and services, especially in the area of cyber-security;asks the Commission to work to ensure the introduction of basic cyber-security measures into Internet of Things products and cloud based services;
Amendment 5 #
Draft opinion Paragraph 1 a (new) 1 a. In this context notes the importance of the market access for EU telecommunication enterprises;
Amendment 6 #
Draft opinion Paragraph 1 b (new) 1 b. Stresses that SMEs, start-ups and scale-ups can benefit from the strengthening of digitalisation and digital trade;
Amendment 7 #
Draft opinion Paragraph 1 c (new) 1 c. Stresses the need to strengthen understanding for and awareness of consumer protection in the digital field and to better inform consumers about their rights so that they can participate safely in digital trade;
Amendment 8 #
Draft opinion Paragraph 2 2. Underlines that measures envisaged for the Digital Single Market strategy, such as improvements to the
Amendment 9 #
Draft opinion Paragraph 2 2. Underlines that measures envisaged for the Digital Single Market strategy, such as improvements to the legal regime for e- commerce and associated consumer protections, tackling geo-blocking and improving cyber security, are
source: 608.017
2017/10/02
LIBE
45 amendments...
Amendment 1 #
Draft opinion Citation 1 a (new) – having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
Amendment 10 #
Draft opinion Recital B a (new) Ba. whereas the free flow of data is integral to the modern economy, allows for the offering of cross-border services thus creating many tangible benefits for users, fosters the global outreach of European companies, including SMEs, and is set to increase even more in the coming years;
Amendment 11 #
Draft opinion Recital B a (new) Ba. considering that in the past, European minimum standards on data protection in trade agreements have often been deviated to the detriment of consumers;
Amendment 12 #
Draft opinion Recital C C. whereas the EU data protection framework already allows for the ‘free flow’ of data within the EU and with third countries, provided that its requirements are fulfilled, without the possibility of verifying their implementation, while at the same time placing at odds with personal data processing certain provisions regarding the protection of individuals, which must be stepped up and possibly extended;
Amendment 13 #
Draft opinion Recital C C. whereas the EU data protection framework already allows for the ‘free flow’ of data within the EU and with third countries, provided that its requirements are fulfilled so as to ensure that the level of protection of personal data warranted in the Union should not be undermined as a result of the transfer;
Amendment 14 #
Draft opinion Recital D D. whereas the General Data Protection Regulation (GDPR) not only clarifies the rules for assessing the level of protection of third countries (adequacy decisions), but also codifies one of the tools already used for international transfers (binding corporate rules) and provides two additional options to facilitate transfers of personal data (certifications and codes of conduct); whereas the GDPR should be regularly updated so as to ensure that its effectiveness is at least not eroded and, ideally, that it enhances citizens’ rights, giving them the necessary protection and better control of their personal data and ensuring that their privacy is still protected in the digital age at a time of shifting data parameters;
Amendment 15 #
Draft opinion Recital D a (new) Da. whereas various citizens’ initiatives have already expressed their concern considering data protection under the framework of trade agreements and that their demands and concerns will be included in forthcoming negotiations;
Amendment 16 #
Draft opinion Recital Ε Ε. whereas the protection of personal data is a fundamental right and high standards in this field help to
Amendment 17 #
Draft opinion Recital E E. whereas the protection of personal data is a fundamental right and high standards in this field help to build trust in the digital economy and thus foster the development of digital trade; whereas promoting high data protection standards and facilitating international trade must go hand in hand in the digital era; whereas therefore the General Data Protection Regulation may not be seen as an obstacle to data flows;
Amendment 18 #
Draft opinion Recital F F. whereas trade agreements can be a lever to improve digital rights, while frequently serving to underpin EU policies in the field of law enforcement, crime prevention strategies and international relations, for example; whereas the inclusion of provisions on net neutrality, forced data localisation, encryption and intermediary liability in trade agreements
Amendment 19 #
Draft opinion Recital F F. whereas trade agreements can be a lever to improve digital rights; whereas the inclusion of provisions on net neutrality,
Amendment 2 #
Draft opinion Citation 1 b (new) – having regard to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, ETS N°108 and its additional Protocol;
Amendment 20 #
Draft opinion Recital F F. whereas trade agreements can be a lever to improve digital rights; whereas the inclusion of provisions on net neutrality, prohibition of forced data localisation, encryption and intermediary liability in trade agreements can strengthen the protection of freedom of speech in particular;
Amendment 21 #
Draft opinion Recital F F. whereas trade agreements can be a lever to improve digital rights; whereas the inclusion of provisions on net neutrality, forced data localisation,
Amendment 22 #
Draft opinion Recital F a (new) Fa. whereas the EU Member States must be able to benefit from the digital trade, and this requires close cooperation between the Commission, the Member States and the EU industry;
Amendment 23 #
Draft opinion Paragraph 1 1. Stresses that any European digital trade strategy or provisions for cross- border data flows and agreements on a free flow legal provision should fully respect the EU data protection acquis and comply with EU fundamental rights standards; collection, storage, processing and transfer of data and the digitization of such data have become an integral part of modern business models, including for manufacturers and they have a leading role in the development of global value chains; regulatory co-operation, mutual recognition and harmonization of standards are the best tools to meet the challenges of the digital economy;
Amendment 24 #
Draft opinion Paragraph 1 1.
Amendment 25 #
Draft opinion Paragraph 1 1. Stresses that any European digital trade strategy or provisions for cross- border data flows and agreements on a free flow legal provision should fully respect the EU data protection acquis and comply with EU fundamental rights standards; highlights the need for documented justification of the need for data collection and transfer, as well as specific and binding parameters in the form of a restrictive/exhaustive list of the objectives being served;
Amendment 26 #
Draft opinion Paragraph 1 a (new) 1a. Stresses that it is essential for the general public, as well as contracting parties, to be given ready access to comprehensible information concerning business, commercial or other models necessitating unrestricted data flows, accompanied by an open and transparent overview of services or benefits provided free of charge thanks to funding generated by data collected or made available; stresses that users must be informed as to how many and which third parties have access to data generated or transferred by them if consent is given;
Amendment 27 #
Draft opinion Paragraph 2 2. Advocates the use of all instruments provided for under the GDPR
Amendment 28 #
Draft opinion Paragraph 2 2. Advocates the use of all instruments provided for under the GDPR,
Amendment 29 #
Draft opinion Paragraph 3 Amendment 3 #
Draft opinion Citation 1 c (new) – having regard to Resolution 2016/2727(RSP) on transatlantic data flows;
Amendment 30 #
Draft opinion Paragraph 3 3. Underlines the need to tackle all forms of digital protectionism, including unjustified data localisation requirements, as such protectionism is contrary to the EU’s data protection rules; draws the attention to the fact that it is essential to ensure that the principle of net neutrality is respected, as an open and neutral internet is key to preventing concentration of market power in the digital economy, ensuring ease of entry to small and medium-sized internet-based business owners;
Amendment 31 #
Draft opinion Paragraph 3 3. Underlines the need to tackle all forms of digital protectionism, including unjustified data localisation requirements
Amendment 32 #
Draft opinion Paragraph 3 3. Underlines the need to tackle all forms of digital protectionism, including unjustified data localisation requirements, as such protectionism is contrary to the EU’s data protection rules, with the exception of data localisation requirements generally applicable in the EU;
Amendment 33 #
Draft opinion Paragraph 3 3. Underlines the need to tackle all forms of digital protectionism, including unjustified data localisation requirements, as a top priority, as such protectionism is contrary to the EU’s data protection rules and undermines the efficiency benefits of digital trade;
Amendment 34 #
Draft opinion Paragraph 3 – point 1 (new) (1) Opposes the conclusion of trade agreements which are contrary to these principles;
Amendment 35 #
Draft opinion Paragraph 3 a (new) 3a. Emphasises that any restriction on data flows has to be justified, necessary, proportionate, non-discriminatory, reasoned, and causing minimum disruption to businesses and international trade;
Amendment 36 #
Draft opinion Paragraph 4 4. Urges the Commission to
Amendment 37 #
Draft opinion Paragraph 4 4. Urges the Commission to propose an ambitious EU strategy on digital trade, to act as the benchmark for setting high data protection standards on data flows at international level, including within the Council of Europe, the OECD and the WTO, and to consult the appropriate EU data protection institutions and bodies during the negotiation process of international or trade agreements that may
Amendment 38 #
Draft opinion Paragraph 4 4. Urges the Commission to act as the benchmark for setting high data protection standards on data flows and to prioritise tackling digital non-tariff barriers including unjustified data localisation requirements at international level and to consult the appropriate EU data protection institutions and bodies during the negotiation process of international or trade agreements that may potentially impact data protection.
Amendment 39 #
Draft opinion Paragraph 4 4. Urges the
Amendment 4 #
Draft opinion Citation 1 d (new) – having regard to Article 45 of Regulation (EU) 2016/679 which establishes that a third country ensures an adequate level of protection of personal data by reason of its domestic law or the international commitments it has entered into, the rule of law , respect for human rights and the existence and effective functioning of independent supervisory authorities;
Amendment 40 #
Draft opinion Paragraph 4 4. Urges the Commission to act as the benchmark for setting high data protection standards on data flows at international level and to consult the appropriate EU and Member State data protection institutions and bodies during the negotiation process of international or trade agreements that may potentially impact data protection.
Amendment 41 #
Draft opinion Paragraph 4 4. Urges the Commission to act as the benchmark for setting high data protection standards on data flows at international level and to consult the appropriate EU data protection institutions and bodies before and during the negotiation process of international or trade agreements that may potentially impact data protection.
Amendment 42 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission to be cautious in drawing up rules for cross- border data transfers, including through FTAs, as these should be in full compliance with, and without prejudice to, the Charter of Fundamental Rights and the EU’s data protection and privacy rules and might contradict a policy approach that should be based upon fostering adequacy between the EU and its trading partners in the area of data protection; calls on the Commission to seek the formal opinion of the EDPS and the forthcoming European Data Protection Board (EDPB) on any of such rules already in the drafting stage;
Amendment 43 #
Draft opinion Paragraph 4 a (new) 4a. Underlines that the fact that commercial policy already contributes to the fight against corruption, for example by increasing the transparency of regulations and award procedures and by simplifying customs procedures; Digital Trade Strategy could continue to be used to combat corruption and ensure the implementation of International conventions and international principles, they should ensure fair competition in the internal market, harmonization of standards and consumer protection and security;
Amendment 44 #
Draft opinion Paragraph 4 a (new) 4a. Stresses the benefits of working at an international level through the WTO on ensuring the free flow of data, and on a bilateral level pursuing data adequacy agreements in new trade agreements and seeking to add data annexes to existing agreements;
Amendment 45 #
Draft opinion Paragraph 4 b (new) 4b. Underlines the fact that even though the Single Digital Market strategy addresses many of the problems facing digital trade, European companies still face significant global obstacles such as non-transparent regulations, government intervention or unjustified data location and data storage; some of the key actions of the Digital Single Market Strategy, such as the European cloud initiative and the copyright reform, have an international dimension that could be addressed in a European Digital Trade Strategy;
Amendment 5 #
Draft opinion Citation 1 e (new) – having regard to the judgment of the European Court of Justice in Case C- 362/14 (Schrems) which clarified that an adequate level of protection in a third country must be understood to be ‘essentially equivalent’ to that guaranteed within the European Union by virtue of Directive 95/46/EC read in the light of the Charter of Fundamental Rights of the European Union (hereinafter ‘the EU Charter’)
Amendment 6 #
Draft opinion Citation 1 f (new) – having regard to the Report from the Commission to the European Parliaments, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation of the Trade Policy Strategy “Trade for all”, Delivering a Progressive Trade Policy to Harness Globalisation;
Amendment 7 #
Draft opinion Recital A A. whereas the European Union is bound by the Charter of Fundamental Rights of the European Union, including Article 8 thereof on the right to the protection of personal data and Article 16 on the freedom to conduct a business, by Article 16 of the Treaty on the Functioning of the European Union (TFEU) on the
Amendment 8 #
Draft opinion Recital Α a (new) Αa. whereas data protection concerns all citizens and their fundamental rights and not only consumers or users;
Amendment 9 #
Draft opinion Recital Β source: 610.917
2017/10/04
INTA
248 amendments...
Amendment 1 #
Motion for a resolution Citation 1 a (new) – having regard to Article 8(1) of the Charter of Fundamental Rights of the European Union and Article 16(1) of the Treaty on the Functioning of the European Union,
Amendment 10 #
Motion for a resolution Citation 15 a (new) – having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),
Amendment 10 #
Draft opinion Paragraph 1 a (new) 1a. Highlights the huge wealth potential typically inherent in trade agreements;
Amendment 100 #
Motion for a resolution Paragraph 5 a (new) 5a. Underlines the need of guaranteeing at EU, multilateral and bilateral level the full respect of workers’ rights and ILO core conventions by digital trade and economy companies; stresses that also in digital companies workers’ rights to bargain collectively for decent pay, terms and conditions of work shall be protected, promoted and preserved;
Amendment 101 #
Motion for a resolution Paragraph 5 a (new) 5a. Stresses the importance of digital markets for rural and less-favoured regions and for the retail trade in smaller places; calls for targeted support for them using the Structural Funds and appropriate projects;
Amendment 102 #
Motion for a resolution Paragraph 5 b (new) 5b. Considers the sale of customer profiles without their prior consent a criminal offence;
Amendment 103 #
Motion for a resolution Paragraph 5 c (new) 5c. Calls to establish an expert group to propose regulatory advances needed to prevent the manipulation of individual profiles enabled by technological advances;
Amendment 104 #
Motion for a resolution Paragraph 6 6. Calls on the Commission to draw up ambitious rules for cross-border data transfers
Amendment 105 #
Motion for a resolution Paragraph 6 6. Calls on the Commission to draw up ambitious rules for cross-border data transfers, including through FTAs, in full compliance with, and without prejudice to, the EU’s data protection and privacy rules; notes, in this respect, that a digital trade strategy must encourage innovation, and maintain competition and the circulation of ideas online, therefore FTAs must achieve appropriate and balanced protections;
Amendment 106 #
Motion for a resolution Paragraph 6 6. Calls on the Commission to draw up ambitious rules for cross-border data
Amendment 107 #
Motion for a resolution Paragraph 6 6. Calls on the Commission to draw up ambitious rules for cross-border data transfers
Amendment 108 #
Motion for a resolution Paragraph 6 6.
Amendment 109 #
Motion for a resolution Paragraph 6 6. Calls on the Commission to draw up
Amendment 11 #
Motion for a resolution Citation 15 a (new) – having regard to the Proposal for a Regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications),
Amendment 11 #
Draft opinion Paragraph 1 b (new) 1b. Takes note of the ongoing negotiations of the legislative files on the Digital Market and calls on the European Commission to ensure the coherence between the new EU Digital Single Market and its external policies so as to achieve an integrated approach in trade negotiations. Highlights that Free Trade Agreements (FTAs) should not be the exclusive cooperation mechanism to facilitate digital trade.
Amendment 110 #
Motion for a resolution Paragraph 6 6. Calls on the Commission
Amendment 111 #
Motion for a resolution Paragraph 6 6. Calls on the Commission to draw up ambitious rules for cross-border data transfers, including through fair and transparent FTAs, in full compliance with, and without prejudice to, the EU’s data protection and privacy rules;
Amendment 112 #
Motion for a resolution Paragraph 6 a (new) 6a. Requires that nothing in trade agreements, neither market access commitments, nor regulatory standards, nor general exceptions, shall prevent the EU and its Members from maintaining, improving and applying its data protection rules; recalls that personal data can be transferred to third countries when the requirements enshrined today in the Chapter IV of the current Data Protection Directive and tomorrow in the Chapter V of the forthcoming Data Protection Regulation are fulfilled;
Amendment 113 #
Motion for a resolution Paragraph 7 7.
Amendment 114 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to prohibit unjustified and disproportionate data localisation requirements in FTAs unless these requirements serve legitimate public-policy purposes; calls for this prohibition to be accompanied by an equivalent legal principle to regulate the localisation of data for legitimate public- policy purposes;
Amendment 115 #
Motion for a resolution Paragraph 7 7. Calls on the Commission t
Amendment 116 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to prohibit unjustified and disproportionate data localisation requirements in FTAs;
Amendment 117 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to strictly prohibit unjustified data localisation requirements in FTAs;
Amendment 118 #
Motion for a resolution Paragraph 7 a (new) 7a. Calls on the Commission to study flexible mechanisms that enable to update trade agreements in force in order to introduce digital trade provisions;
Amendment 119 #
Motion for a resolution Paragraph 8 Amendment 12 #
Motion for a resolution Citation 15 a (new) – having regard to the Commission Proposal for a Regulation of the European Parliament and of the Council on a framework for the free flow of non- personal data in the European Union (COM(2017) 495 final) of 13 September 2017,
Amendment 12 #
Draft opinion Paragraph 1 b (new) 1b. Calls on the Commission to show that there is a consistent link between the digital internal market strategy and a digital trade strategy and make clear its benefit for EU citizens;
Amendment 120 #
Motion for a resolution Paragraph 8 8. Welcomes the Commission proposal for a regulation on a framework for the free flow of non-personal data in the European Union; Calls on the Commission to put forward its position on cross
Amendment 121 #
Motion for a resolution Paragraph 8 8.
Amendment 122 #
Motion for a resolution Paragraph 8 8. Calls on the Commission to put forward its position on cross-border data transfers and unjustified data localisation requirements in trade negotiations before the end of the year in order to create level playing field for EU companies and to avoid compromising EU’s position in international negotiations;
Amendment 123 #
Motion for a resolution Paragraph 8 8. Calls on the Commission to put forward its position on cross-border data transfers, data protection carve-out and unjustified data localisation requirements in trade negotiations before the end of the
Amendment 124 #
Motion for a resolution Paragraph 8 8. Calls on the Commission to put forward its position on cross-border data
Amendment 125 #
Motion for a resolution Paragraph 8 8. Calls on the Commission to put forward its position on cross-border data transfers and unjustified data localisation requirements in trade negotiations
Amendment 126 #
Motion for a resolution Paragraph 9 Amendment 127 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to combat discriminatory, illegitimate and protectionist measures by third countries, such as ‘buy local’ policies, local content requirements or forced technology transfers, to ensure that European companies can operate in a fair and predictable environment; calls, therefore, on the Commission to work with trade partners to encourage the same level of openness and protection of intellectual property rights, since barriers to global digital trade particularly affect European companies as the EU is the world’s first exporter of digital services;
Amendment 128 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to combat discriminatory, illegitimate and protectionist measures by third countries, such as
Amendment 129 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to combat discriminatory, illegitimate and protectionist measures by third countries, such as ‘buy local’ policies, local content requirements or forced technology transfers, to ensure that European companies can operate in a fair and predictable environment; recalls that legitimate policy objectives such as cyber and data security must not be abused by third countries to justify digital protectionism;
Amendment 13 #
Motion for a resolution Citation 20 a (new) – having regard to the upcoming 11th Ministerial Conference of the World Trade Organization (WTO), to be held in Buenos Aires, Argentina on 10 - 13 December 2017 where E-commerce is likely to be discussed,
Amendment 13 #
Draft opinion Paragraph 2 2. Highlights that the deployment of infrastructure adequate in coverage, quality and security is crucial for digitising European industry and increasing e- governance
Amendment 130 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to combat
Amendment 131 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to combat discriminatory, illegitimate and protectionist measures by third countries, such as ‘buy local’ policies, local content requirements or forced technology transfers, to ensure that European companies can operate in a competitive, fair and predictable environment based on reciprocal commitments of both parties;
Amendment 132 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to combat discriminatory, illegitimate and protectionist measures by third countries,
Amendment 133 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to combat discriminatory, illegitimate and protectionist measures by third countries, such as
Amendment 134 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to actively combat discriminatory, illegitimate and protectionist measures by third countries, such as ‘buy local’ policies, local content requirements or forced technology transfers, to ensure that European companies can operate in a fair and predictable environment;
Amendment 135 #
Motion for a resolution Paragraph 10 10. Stresses that the EU should continue to pursue its efforts at bilateral
Amendment 136 #
Motion for a resolution Paragraph 10 10. Stresses that the EU should continue to pursue its efforts at bilateral and multilateral level to ensure that third countries offer a level of openness towards foreign investments equivalent to that of the EU, and that they maintain a level playing field for EU operators; welcomes the EU’s proposal for a regulation establishing a framework for screening of foreign direct investments into the Union and supports its objectives to better protect critical infrastructures and technologies;
Amendment 137 #
Motion for a resolution Paragraph 10 a (new) 10a. Underlines that a digital trade strategy must be fully in line with the principle of net neutrality and safeguard the equal treatment of Internet traffic, without discrimination, restriction or interference, irrespective of its sender, receiver, type, content, device, service or application and recalls that traffic management measures should be allowed only in exceptional cases where they are strictly necessary, and only for as long as necessary, to comply with legal requirements, preserve the integrity and security of the network or prevent impending network congestion;
Amendment 138 #
Motion for a resolution Paragraph 11 11.
Amendment 139 #
Motion for a resolution Paragraph 11 11. Deplores third country practices which make market access conditional on the disclosure and transfer to state authorities of the source codes of the software that companies intend to sell; considers that such measures are disproportionate as a blanket requirement for market access; calls on the Commission to prohibit signatory governments to FTAs from engaging in such activities; stresses that the foregoing should not prevent state authorities from promoting transparency of software, encouraging the public disclosure of source code through free and open source software as well as sharing data through open data licenses;
Amendment 14 #
Motion for a resolution Citation 20 a (new) – having regard to the UN International Telecommunication Union’s initiatives in support of Developing Countries (ITU-D),
Amendment 14 #
Draft opinion Paragraph 2 2. Highlights that the deployment of infrastructure adequate in coverage, quality and security
Amendment 140 #
Motion for a resolution Paragraph 11 11. Deplores third country practices which make market access conditional on the disclosure and transfer to state authorities of the source codes of the software that companies intend to sell;
Amendment 141 #
Motion for a resolution Paragraph 11 11.
Amendment 142 #
Motion for a resolution Paragraph 11 a (new) 11a. Recalls that in some cases local presence requirements are necessary to ensure effective prudential supervision or regulatory oversight and enforcement; reiterates therefore its call on the Commission to undertake limited commitments in Mode 1, in particular in the fields of digital services and financial services so as to avoid regulatory arbitrage;
Amendment 143 #
Motion for a resolution Paragraph 11 b (new) 11b. Notes that pro-development technology transfer requirements should not be ruled out by disciplines on digital trade;
Amendment 144 #
Motion for a resolution Paragraph 13 13. Notes that the protection of trademarks, intellectual property
Amendment 145 #
Motion for a resolution Paragraph 13 13. Notes that the protection of trademarks, intellectual property (IP), geographical indications (GIs) and investments in R&D is a precondition of the EU’s knowledge-based economy, and that international cooperation is key to combating the trade in counterfeited goods; recalls that legal protection, online and offline throughout the EU is needed for new creations since this will encourage investment and lead on to further innovations; stresses that access to medicines in third countries should not be challenged on the basis of IP protection; Highlights that international cooperation is key to combating the trade in counterfeited goods; stresses, however, that trade agreements are not the place to extend the level of protection for rights holders by providing for more extensive copyright enforcement powers
Amendment 146 #
Motion for a resolution Paragraph 13 13. Notes that the protection of trademarks, intellectual property (IP) and investments in R&D is a precondition of the EU’s knowledge-based economy, and that international cooperation is key to combating the trade in counterfeited goods;
Amendment 147 #
Motion for a resolution Paragraph 13 13. Notes that the protection of trademarks, intellectual property (IP) and investments in R&D is a
Amendment 148 #
Motion for a resolution Paragraph 13 a (new) 13a. Exhorts the Commission to keep a close eye on ICANN’s gTLD Program, which expands domain names to thousands of generic names, and to guarantee, in line with its commitment to a free and open Internet, the protection of rights holders, in particular those related to geographical indications;
Amendment 149 #
Motion for a resolution Paragraph 14 14. Calls on the Commission to use trade agreements to prevent parties from imposing foreign equity caps
Amendment 15 #
Motion for a resolution Recital A A. whereas technological developments and access to the open internet enable companies, particularly SMEs, to reach customers all over the globe at a faster pace and lower cost than ever before; whereas emerging technologies such as distributed ledger technology have the potential to enhance digital trade by augmenting the transparency of international contracts and expedite the transfer of value;
Amendment 15 #
Draft opinion Paragraph 2 2. Highlights that the deployment of infrastructure adequate in coverage, quality and security and access to an open and neutral net is crucial for digitising European industry and increasing e- governance;
Amendment 150 #
Motion for a resolution Paragraph 14 14. Calls on the Commission to use trade agreements to prevent parties from imposing foreign equity caps
Amendment 151 #
Motion for a resolution Paragraph 14 a (new) 14a. Highlights that a coherent EU approach is necessary regarding the taxation of the digital economy to achieve fair and effective taxation of all companies in order to create a level playing field and recalls that the fundamental guiding principle must be that taxes are paid where the profit is made; Welcomes recent efforts by the Commission to pursue the effective and just taxation of digital multinational companies and recalls that trade Agreements should include a Tax Good Governance Clause that would reaffirm the Parties’ commitment to implementation of agreed international standards in the fight against tax evasion and avoidance, on obligations for country-by-country reporting, automatic exchange of information and the establishment of public registers of beneficial ownership;
Amendment 152 #
Motion for a resolution Paragraph 14 a (new) 14a. Stresses that the development of digital trade must go hand in hand with the reform of EU TVA regimes making online platforms responsible for the collection of TVA, as well as with the reform of EU corporate income taxation based on the principle that value should be taxed where it is created;
Amendment 153 #
Motion for a resolution Paragraph 14 a (new) 14a. Stresses the urgent need for concrete actions and legally binding provisions and legislation at EU, multilateral, plurilateral and bilateral level to ensure effective and fair taxation of profits coming from digital trade and the digital economy as a whole;
Amendment 154 #
Motion for a resolution Paragraph 14 b (new) 14b. Believes that the magnitude of digital trade makes the need to develop mandatory disciplines for sustainable global value chains even more necessary; stresses that it is important to ensure that goods and services that are provided cross-border should comply with the EU safety, social and environmental rules in order to avoid any risk of a race to the bottom;
Amendment 155 #
Motion for a resolution Paragraph 15 15. Calls on the Commission to
Amendment 156 #
Motion for a resolution Paragraph 15 15. Calls on the Commission to continue its efforts towards developing a set of binding multilateral disciplines on e- commerce in the WTO, and to continue focusing on concrete and realistic deliverables;
Amendment 157 #
Motion for a resolution Paragraph 15 a (new) 15a. Recalls that the TFA supports digital trade in many ways, such as commitments to enhance accountability and transparency of customs procedures; believes that policy measures to maximise trade in the digital economy should build on the existing TFA provisions, notably with procedures such as the submission of import documentation prior to arrival, and facilitation of customs clearance through digitisation;
Amendment 158 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls on the Commission to urgently re-launch TiSA negotiations; shares the view that EU should seize the window of opportunity to take the lead to set state-of-the art global digital standards;
Amendment 159 #
Motion for a resolution Paragraph 16 16. Recalls that, since 1998, members of the WTO have upheld a moratorium on tariffs on electronic transmissions; stresses that such tariffs would entail unnecessary additional costs for businesses and consumers alike; calls on the Commission to transform the moratorium into a permanent agreement on banning tariffs on electronic transmissions subject to careful analysis of the implication in the area of 3D printing;
Amendment 16 #
Motion for a resolution Recital A A. whereas technological developments
Amendment 16 #
Draft opinion Paragraph 2 a (new) 2a. Notes that reaching Europe’s strategic connectivity objectives for 2025 is estimated to require €500 billion investment in very high capacity infrastructure over the coming decade; Stresses that the European Electronic Communications Code must be instrumental in achieving a more predictable investment environment, in particular through regulation adapted to the risks and challenges of deploying substantially new networks, with rewards for early movers;
Amendment 160 #
Motion for a resolution Paragraph 16 16. Recalls that, since 1998, members of the WTO have upheld a moratorium on
Amendment 161 #
Motion for a resolution Paragraph 16 16. Recalls that, since 1998, members of the WTO have upheld a moratorium on tariffs on electronic transmissions; stresses that such tariffs would entail unnecessary additional costs for businesses and consumers alike; calls on the Commission to
Amendment 162 #
Motion for a resolution Paragraph 17 17. Calls on the Commission to use trade agreements to promote the interoperability of ICT-standards that
Amendment 163 #
Motion for a resolution Paragraph 17 17. Calls on the Commission to use trade agreements to promote the interoperability of ICT-standards that benefit both consumers and producers, notably in the context of a secure Internet of things, 5G and cybersecurity;
Amendment 164 #
Motion for a resolution Paragraph 17 a (new) 17a. Considers that particular consideration should be given to the increasing number of consumers caught up in burdensome customs procedures; stresses the need to digitise customs information and management via on-line registration and operation of information, which should facilitate clearance at the border, cooperation in fraud detection and transparency of prices related to customs;
Amendment 165 #
Motion for a resolution Paragraph 18 18. Calls on the Commission to encourage signatories of trade agreements to bring pressure to bear on mobile providers to make both international roaming fees and the fees applied to international calls and messages transparent, fair, reasonable and consumer- oriented; calls on the Commission to support policies that promote cost-oriented retail prices for roaming services with a view to reducing prices, promoting transparency and preventing commercial practices that are unfair or at all events negative from the point of view of consumers;
Amendment 166 #
Motion for a resolution Paragraph 18 18. Calls on the Commission to encourage signatories of trade agreements to
Amendment 167 #
Motion for a resolution Paragraph 18 a (new) 18a. Calls on the Commission to consider a higher de minimis to encourage global e-commerce; notes, for this purpose, that such a measure would contribute to expedite customs procedures and border clearance due to less documentation requirements and speedier shipment deliveries, also on low value goods;
Amendment 168 #
Motion for a resolution Paragraph 19 19. Recognises that the principle of intermediary liability protections has been crucial in developing the digital economy, in creating favourable conditions for innovation and in guaranteeing freedom of speech; calls on the Commission to ensure in its trade negotiations that online intermediaries
Amendment 169 #
Motion for a resolution Paragraph 19 19. Recognises that the principles of the E-commerce Directive (2000/31/EC) have been crucial in developing the digital economy and in guaranteeing freedom of speech and freedom of conduct of businesses; stresses that online intermediaries should not be imposed a general obligation to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity; recognises in particular that the principle of intermediary liability protections has been crucial in developing the digital economy and in guaranteeing freedom of speech; calls on the Commission to ensure the current EU acquis in its trade negotiations, i.e. that online intermediaries must never be made strictly liable for transmitting or hosting unlawful third-party content, nor should they ever be required to monitor content proactively as part of an intermediary liability regime;
Amendment 17 #
Motion for a resolution Recital A A. whereas technological developments and access to the open internet enable companies, particularly SMEs, to reach customers all over the globe at a faster pace and lower cost than ever before; whereas the development of that market has led to a global online economy which is dominated by 7 countries and a small number of quasi- monopolies in online market places;
Amendment 17 #
Draft opinion Paragraph 2 a (new) 2a. Stresses the need of simplification and alignment of rules through a technologically progressive and transparent model of e-governance of administrative procedures. Calls on the Member States to advance rapidly their e- governance polices, legislation and practice.
Amendment 170 #
Motion for a resolution Paragraph 19 19. Recognises that the principle of intermediary liability protections has been crucial in developing the digital economy and in guaranteeing freedom of speech; calls on the Commission to ensure in its trade negotiations that online intermediaries must never be made strictly liable for hosting unlawful third-party content,
Amendment 171 #
Motion for a resolution Paragraph 19 19. Recognises that the principle of intermediary liability
Amendment 172 #
Motion for a resolution Paragraph 20 20. Strongly supports the further mainstreaming of digital technologies and services in the EU’s development policy and among others the Digital4Development initiative; recognises the multiplier effect digital technologies can have in achieving Sustainable Development Goals; calls on the Commission to stimulate public-private partnerships to increase investments in digital infrastructure in the Global South; urges the Commission to make investments in broadband infrastructure in developing countries conditional upon respect for a free, open and secure internet; calls on the Commission to use trade agreements to improve digital rights; takes note with deep concern of the conclusion of the recent UN Global Broadband Progress report highlighting a growing digital divide between developed and developing nations;
Amendment 173 #
Motion for a resolution Paragraph 20 20. Strongly supports the further mainstreaming of digital technologies and services in the EU’s development policy and encourages the Commission to cooperate with UN International Telecommunication Union’s framework for supporting developing countries (ITU- D) in the creation, development and improvement of telecommunication and ICT equipment and networks; calls on the Commission to stimulate public-private partnerships to increase investments in digital infrastructure in the Global South while respecting the development effectiveness principles; urges the Commission to make investments in broadband infrastructure in developing countries conditional upon respect for a free, open and secure internet; calls on the Commission to use trade agreements to improve digital rights;
Amendment 174 #
Motion for a resolution Paragraph 20 20. Strongly supports the further mainstreaming of digital technologies and
Amendment 175 #
Motion for a resolution Paragraph 20 20.
Amendment 176 #
Motion for a resolution Paragraph 20 20. Strongly supports the further mainstreaming of digital technologies and services in the EU’s development policy; calls on the Commission to stimulate public-private partnerships to increase investments in digital infrastructure in the Global South; urges the Commission to make investments in broadband infrastructure in developing countries conditional upon respect for a free, open and secure internet; calls on the Commission to use trade agreements to improve digital rights; reiterates that digital trade could also be a resource for public administrations and thus support the development of e-government;
Amendment 177 #
Motion for a resolution Paragraph 20 20. Strongly supports the further mainstreaming of equal, inclusive and full access to the internet, and to digital technologies and services in the EU’s development policy; calls on the Commission to stimulate public-private partnerships to increase investments in digital infrastructure in the Global South; urges the Commission to make investments in broadband infrastructure in developing countries conditional upon respect for a free, open and secure internet; calls on the Commission to use trade agreements to improve digital rights;
Amendment 178 #
Motion for a resolution Paragraph 20 20. Strongly supports the further mainstreaming of digital technologies and services in the EU’s development policy; calls on the Commission to stimulate
Amendment 179 #
Motion for a resolution Paragraph 20 a (new) 20a. Stresses that the development potential of digital trade and the scope for increases in it must not reduce the tax burden on companies operating in this domain; calls on the Commission to assess whether businesses which provide comparable services in the traditional economy and on online platforms can be subject to similar tax obligations, and is convinced that profits should be taxed in the Member State in which the economic activity takes place and profits are generated;
Amendment 18 #
Motion for a resolution Recital A A. whereas technological developments and access to the open internet are a boost for economic growth, enabl
Amendment 18 #
Draft opinion Paragraph 3 3. Highlights the global nature of best ICT standards and technical specifications for trade infrastructure,
Amendment 180 #
Motion for a resolution Paragraph 20 a (new) 20a. Stresses the imperative that any digital trade strategy must be fully in line with the principle of policy coherence for development, and should in particular seek to promote and enable start-ups and Micro, Small & Medium Enterprises engaging in cross border e-commerce recalling the contribution this could make to gender equality since a great number of these companies are women owned and operated;
Amendment 181 #
Motion for a resolution Paragraph 20 a (new) 20a. Fully recognises that the Temporary Agency Work Directive in its operation and effect is counter-productive and hostile to the development of the digital market in the Member States;
Amendment 182 #
Motion for a resolution Paragraph 20 b (new) 20b. Considers that digital issues should also feature more prominently in the EU’s Aid for Trade policy to facilitate the growth of e-commerce via increased support for innovation and infrastructure and access to financing, notably via micro finance initiatives, as well as assistance in increasing online visibility for developing country e-commerce businesses, facilitating platform access and promoting the availability of e-payment solutions and access to cost-effective logistics and delivery services;
Amendment 183 #
Motion for a resolution Paragraph 20 b (new) 20b. Recalls the need to develop adequate solutions, policies and infrastructure to promote mobile internet access in order to rein in costs to consumers and at the same time allow as many people as possible access to the benefits of the digital market, including from mobile devices;
Amendment 184 #
Motion for a resolution Paragraph 20 c (new) 20c. Stresses that any digital trade strategy, including its flanking measures, must be fully in line with and contribute to the realisation of 2030 Agenda for Sustainable Development; notes that SDG 4 on quality education, providing free, equitable and Quality primary and secondary education to all girls and boys, SDG 5 to achieve gender equality and empower all women and girls, SDG 8.10. on promoting inclusive and sustainable economic growth, in particular via strengthened capacity of domestic financial institutions and access to financial services, as well as SDG 9.1. on developing reliable and resilient infrastructure with a focus inequitable access for all and SDG 9.3. on increasing access of small enterprises, in particular in developing countries, to financial services, including affordable credit, and their integration into value chains and markets are particularly relevant in this regard;
Amendment 185 #
Motion for a resolution Paragraph 20 c (new) 20c. Considers that the fight against internet fraud and online counterfeiting should be important priorities for the harmonious development of digital trade, and that the Commission should encourage cooperation between the Member States in this area;
Amendment 186 #
Motion for a resolution Paragraph 21 a (new) 21a. Commits to update its eTrade strategy every 5 years;
Amendment 19 #
Motion for a resolution Recital A a (new) Aa. whereas data collection, data aggregation and the ability to transfer it across borders has the potential to be a key driver of innovation, productivity, and economic competitiveness;
Amendment 19 #
Draft opinion Paragraph 3 3. Highlights the global nature of best ICT standards and technical specifications
Amendment 2 #
Motion for a resolution Citation 9 – having regard to the announced Agreement in Principle on the EU-Japan Economic Partnership Agreement of 6 July 2017,
Amendment 2 #
Draft opinion Recital 1 b (new) – having regard to the Communication of the Commission on tackling illegal content online (COM(2017)555)
Amendment 20 #
Motion for a resolution Recital A a (new) Aa. whereas the internet and internet- based technologies play an important role in developing, ordering, producing, marketing or delivering products and services;
Amendment 20 #
Draft opinion Paragraph 3 a (new) 3a. Supports the Commission’s Communication on ICT Standardisation Priorities for the Digital Single Market; Stresses that while ICT standardisation must continue to be primarily industry- led, voluntary and consensus-driven, based on principles of transparency, openness, impartiality and consensus, effectiveness and relevance and coherence, a clearer set of priorities for ICT standardisation, together with high- level political support, will boost competitiveness; notes that this process should make use of the instruments of the European Standardisation System, and involve a wide range of stakeholders, both within the EU and at international level, to ensure delivery of improved standard- setting processes, in line with the Joint initiative of European Standardisation; Calls on the Commission to foster the emergence of global industry standards under EU leadership for key 5G technologies and network architectures notably through the exploitation of the 5G public-private partnership results at the level of key EU and international standardisation bodies.
Amendment 21 #
Motion for a resolution Recital A a (new) Aa. whereas electronic commerce is an engine for growth and productivity in the entire economy, especially for small and medium-sized enterprises;
Amendment 21 #
Draft opinion Paragraph 3 a (new) 3a. Digital connectivity enhances the volume of trade, but a prerequisite for the online merchants is an efficient delivery system, underlines in this respect that the EU supports harmonised labels, that can lead to better and more efficient cross- border tracking services. Welcomes the open IT standards developed within CEN and suggests that the European Commission promotes such effective tools with international trade partners to reduce the costs of cross-border delivery and benefit ultimately end-users and consumers.
Amendment 22 #
Motion for a resolution Recital A b (new) Ab. whereas counterfeiting is a global and growing phenomenon, particularly online;
Amendment 22 #
Draft opinion Paragraph 3 a (new) 3а. Notes that when shopping online, consumers from one Member State continue to encounter obstacles to making purchases from traders in another EU country, such as their payment being rejected or the product not being deliverable in their country;
Amendment 23 #
Motion for a resolution Recital B B. whereas the digitisation of traditional industries affects supply chains, manufacturing and services models, which could lead to job creation in new industries, but could also lead to job losses, as more and more tasks traditionally performed by humans are either automated or off-shored, or both;
Amendment 23 #
Draft opinion Paragraph 3 a (new) 3a. Stresses that the EU has a major role to play in developing and promoting these standards worldwide;
Amendment 24 #
Motion for a resolution Recital B B. whereas the digitisation of traditional industries affects supply chains, manufacturing and services models, with great consequences and opportunities for political and social structures to shape the national economies and for the regulatory framing of the global value chains;
Amendment 24 #
Draft opinion Paragraph 4 4. Underlines th
Amendment 25 #
Motion for a resolution Recital B a (new) Ba. whereas trade in the physical form has been replaced by increasing amounts of cross-border transfers of digital content, sometimes blurring the distinction between goods and services;
Amendment 25 #
Draft opinion Paragraph 4 4. Underlines the importance of selecting trade partners that apply the highest digital standards
Amendment 26 #
Motion for a resolution Recital C C. whereas the digital economy requires a rules-based framework, including modern trade rules providing for the policy space and room for new regulatory initiatives needed by governments to defend and strengthen human rights protection;
Amendment 26 #
Draft opinion Paragraph 4 a (new) 4a. Underlines, that while EU trade agreements have to increasingly tackle "behind the border barriers" beyond tariffs they must preserve the primary function of regulations to pursue the public interest and be limited to facilitating trade and investment through the identification of unnecessary technical barriers to trade, duplicated or redundant administrative burdens, which disproportionately affect SMEs, while not compromising the technical procedures and standards on health, safety, consumer, labour, social and environmental protection and cultural diversity; recalls that corresponding mechanisms must be based on enhanced information exchange and improved adoption of international technical standards, and lead to increased convergence, whilst under no circumstances undermining or delaying the democratically legitimised decision- making procedures of any trading partner
Amendment 27 #
Motion for a resolution Recital C C. whereas the digital economy requires a rule
Amendment 27 #
Draft opinion Paragraph 4 a (new) 4a. Stresses that products on the digital market need to be clearly labelled as a guarantee that citizens and companies can verify the origin and safety of these goods;
Amendment 28 #
Motion for a resolution Recital C C. whereas the digital economy requires a rules-based framework, including modern trade rules which can reconcile the rapid changes in the market with the rights of consumers;
Amendment 28 #
Draft opinion Paragraph 5 Amendment 29 #
Motion for a resolution Recital C a (new) Ca. whereas the current tax framework does not account for large online businesses who are avoiding taxes by routing most of their profits to tax havens;
Amendment 29 #
Draft opinion Paragraph 5 5. Highlights the major societal impact of digital trade on employment,
Amendment 3 #
Motion for a resolution Citation 9 a (new) – having regard to Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’),
Amendment 3 #
Draft opinion Paragraph 1 1. Notes that the increased speed and convenience of digital tools empower companies and expand their reach; stresses that the EU must develop strategies to harness the benefits of digital technology for its citizens, businesses and consumers,
Amendment 30 #
Motion for a resolution Recital C a (new) Ca. whereas in the past European minimum standards on data protection in trade agreements have practically been deviated to the detriment of consumers;
Amendment 30 #
Draft opinion Paragraph 5 5. Highlights the major societal impact of digital trade on employment, working conditions, workers’ rights, education and skills; insists on workers in these new sectors being guaranteed rights that match these new digital opportunities so as to prevent digital versions of illegal work under unauthorised gangmasters; insists that trade agreements keep competition fair and do not
Amendment 31 #
Motion for a resolution Recital D D. whereas access to a free, open and secure internet is a prerequisite for rules- based trade and development in the digital economy; whereas the principle of net neutrality should be a key part of the EU’s digital trade strategy in order to allow for fair competition and innovation in the digital economy, while ensuring freedom of speech online;
Amendment 31 #
Draft opinion Paragraph 5 5. Highlights the major societal impact of digital trade on employment, working conditions, workers’ rights, education and skills; insists that t
Amendment 32 #
Motion for a resolution Recital D D. whereas access to a free, open and secure internet is a prerequisite for
Amendment 32 #
Draft opinion Paragraph 5 5. Highlights the major societal impact of digital trade on employment, working conditions, workers’ rights, education and skills; insists that trade agreements keep competition fair, do not lower European standards and do not use lower
Amendment 33 #
Motion for a resolution Recital D a (new) Da. whereas the development of online platforms, crowd working and the sharing economy has led to the emergence of a new precariat of digital workers and to the use of several forms of tax avoidance and for the non-payment of social security;
Amendment 33 #
Draft opinion Paragraph 5 5. Highlights the major societal
Amendment 34 #
Motion for a resolution Recital D a (new) Da. whereas various citizens’ initiatives have expressed their concerns about the level of data protection in trade agreements;
Amendment 34 #
Draft opinion Paragraph 5 a (new) 5а. Stresses that it is increasingly relevant and imperative, for e-commerce, to take into account the importance of establishing a regulatory framework;
Amendment 35 #
Motion for a resolution Recital D a (new) Da. whereas investment in infrastructure and access to skills remain key challenges to connectivity and, therefore, digital trade;
Amendment 35 #
Draft opinion Paragraph 6 6. Stresses that fair and similar treatment of stakeholders must be included in all trade agreements; believes that European businesses should enjoy the same rights as economic actors from partner countries, so as to fully ensure the cybersecurity of their operations and the confidentiality of their communications. Underlines the need to ensure protection against demands that would lead to a weakening of the business’s or citizens’ possibility to ensure the cybersecurity and the confidentiality of their communications;
Amendment 36 #
Motion for a resolution Recital E E. whereas the UN’s SDGs stress that providing universal and affordable access to the Internet for people in least developed countries by 2020 will be crucial in terms of fostering development, as the development of a digital economy could be a driver for jobs and growth, e- commerce being one opportunity to increase the numbers of small exporters, export volumes and export diversification;
Amendment 36 #
Draft opinion Paragraph 6 6. Stresses that fair and similar treatment of stakeholders must be included in all trade agreements; believes that, for reasons of reciprocity, European businesses should enjoy the same rights as economic actors from partner countries, so as to fully ensure the cybersecurity of their operations and the confidentiality of their communications;
Amendment 37 #
Motion for a resolution Recital E a (new) Ea. whereas women as entrepreneurs and as workers can benefit from better access to global markets and as consumers from lower prices, still many challenges and inequalities prevent women´s participation in the global economy, as many of the women in low- and middle-income countries, still have no access to internet;
Amendment 37 #
Draft opinion Paragraph 6 a (new) 6a. Recognises that the principles of the E-commerce Directive (2000/31/EC) have been crucial in developing the digital economy and in guaranteeing freedom of speech and freedom of conduct of businesses; stresses that online intermediaries should not be imposed with a general obligation to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity; however, they should cooperate to swiftly detect, remove and prevent the reappearance of illegal content and guarantee the fair remuneration of authors and rights holders, for instance by providing an appeal mechanism to allow users and copyright holders to signal unlawful third-party content or by improving the use of filters They should also avoid that legal content is taken down mistakenly, by introducing counter-notice mechanisms.
Amendment 38 #
Motion for a resolution Recital E b (new) Eb. whereas electronic commerce is also booming in developing countries;
Amendment 38 #
Draft opinion Paragraph 6 a (new) 6а. Highlights the problem of a lack of information and awareness among retailers, who not infrequently are insufficiently familiar with the rights of consumers shopping online;
Amendment 39 #
Motion for a resolution Recital F Amendment 39 #
Draft opinion Paragraph 7 7. Stresses that trade agreements should encourage the use of advanced technologies, the interoperability of systems and predictable contractual relations. Calls upon the European Commission to consider setting up new cooperation mechanisms in plurilateral and bilateral agreements in order to support joint collaboration in R&;D, exchange of best practices to foster innovation, and create new ecosystems (e.g. smart cities);
Amendment 4 #
Motion for a resolution Citation 9 b (new) – having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),
Amendment 4 #
Draft opinion Paragraph 1 1. Notes that the increased speed and convenience of digital tools empower companies and expand their reach; stresses that the EU must develop strategies to harness the benefits of digital technology for its citizens, businesses and consumers, combat the digital divide between territories and generations, ensure fair market access and protect the fundamental rights of citizens;
Amendment 40 #
Motion for a resolution Recital F F. whereas governments around the
Amendment 40 #
Draft opinion Paragraph 7 7. Stresses that trade agreements should encourage the use of advanced technologies, the interoperability of systems and predictable contractual relations, as well as the rule of law; the handling of cross-border data flows should be taken into account;
Amendment 41 #
Motion for a resolution Recital F F. whereas governments around the world are engaging in digital protectionism by putting up unjustified and disproportionate barriers that hinder market access and direct investment, or create unfair advantages for domestic companies;
Amendment 41 #
Draft opinion Paragraph 7 7. Stresses that trade agreements should encourage the use of advanced technologies, the interoperability of systems and predictable contractual relations, as well as guaranteeing the highest standards of consumer protection and cybersecurity;
Amendment 42 #
Motion for a resolution Recital F F. whereas governments around the world are engaging in digital protectionism, for instance by putting up barriers that hinder market access and direct investment
Amendment 42 #
Draft opinion Paragraph 7 7. Stresses that trade agreements should encourage the use of advanced technologies, the interoperability of systems and predictable contractual relations; calls to increase cooperation between regulators
Amendment 43 #
Motion for a resolution Recital F a (new) Fa. whereas foreign companies currently benefit from far greater access to the European market than Europeans do in third countries; whereas many of our trade partners are increasingly closing their domestic markets and resorting to digital protectionism; whereas the EU should anchor its digital trade strategy on the principles of reciprocity, fair competition, smart regulation and transparency with the view to restoring consumers’ trust and to restoring a level playing field for businesses;
Amendment 43 #
Draft opinion Paragraph 7 a (new) 7a. Stresses the need of digitalisation of customs information and management via on-line registration and operation of information, in respect of international standards, e-certification and on-line payment of customs duties, to scale down on trade costs, facilitate clearance at the border and cooperation in fraud detection. Calls the European Commission to encourage and request from our trade partners the digitalisation of customs procedures together with compatibility of customs systems in parallel with the reduction of tariffs.
Amendment 44 #
Motion for a resolution Recital F a (new) Fa. whereas geo-blocking should be ended and no forms of unjustified discrimination based on a customer’s nationality, place of residence or place of establishment within the internal market should appear in future;
Amendment 44 #
Draft opinion Paragraph 8 8. Stresses the importance of the compatibility and interoperability of payment systems and clear rules on taxation and duties; considers that the number of small consignments exempted from VAT has increased dramatically and EU business face competitive disadvantages from importers, including VAT fraud and its impact on loss of revenues for the EU. Calls on the Commission to review the exemption and apply effective VAT procedures
Amendment 45 #
Motion for a resolution Recital F a (new) Fa. whereas the right to privacy is a universal human right; whereas not ensuring protection of personal data and privacy constitutes a trade barrier;
Amendment 45 #
Draft opinion Paragraph 8 8. Stresses the importance of the compatibility of payment systems and clear rules on taxation and duties; considers that businesses providing comparable services in the traditional economy and on online platforms may be made subject to similar tax obligations, and is convinced that profits should be taxed in the Member State in which the economic activity takes place and profits are generated;
Amendment 46 #
Motion for a resolution Recital G G. whereas the building blocks
Amendment 46 #
Draft opinion Paragraph 8 8. Stresses the key importance
Amendment 47 #
Motion for a resolution Recital G G. whereas the building blocks that preserve the open internet in the EU’s digital single market, including principles such as fair competition, net neutrality and intermediary liability protections, should be promoted in
Amendment 47 #
Draft opinion Paragraph 8 8. Stresses the importance of the compatibility and accountability of payment systems and clear and binding rules on taxation and duties, the payment of taxes and social security obligations must be done at the Member State where the transaction has been done;
Amendment 48 #
Motion for a resolution Recital G a (new) Ga. whereas several ground-breaking legislations, including but not limited to the opening of the telecommunications market to competition since 2009, the recognition of net neutrality since 2015, the abolition of roaming fees since 2017, and the entry into force of the General Data Protection Regulation from 2018 onwards, have propelled the EU into the vanguard;
Amendment 48 #
Draft opinion Paragraph 8 8. Stresses the importance of the compatibility of secure digital payment systems and clear and fair rules on taxation and duties;
Amendment 49 #
Motion for a resolution Recital G a (new) Ga. whereas counterfeiting is a global growing phenomenon, offline and online, bringing an additional burden for EU and national customs authorities to detect IPR infringements;
Amendment 49 #
Draft opinion Paragraph 8 8. Stresses the importance of the compatibility of payment systems
Amendment 5 #
Motion for a resolution Citation 15 Amendment 5 #
Draft opinion Paragraph 1 1. Notes that the increased speed and convenience of digital tools empower companies and expand their reach; stresses that the EU must develop strategies to harness the benefits of digital technology for its citizens, businesses and consumers, ensure fair market access and protect the fundamental rights of citizens and workers;
Amendment 50 #
Motion for a resolution Recital G a (new) Ga. whereas the EU data protection framework already allows for the ‘free flow’ of data within the EU and with third countries, provided that its requirements are fulfilled;
Amendment 50 #
Draft opinion Paragraph 8 a (new) 8a. Highlights that the digital economy must be part of the EU agenda on taxation; calls for the introduction of a concept of permanent digital establishment in order to make sure that digital companies pay their fair share of taxes where their benefits are generated; calls for a swift and full adoption of the common consolidated corporate tax base (CCCTB) taking into account the taxation of digital companies;
Amendment 51 #
Motion for a resolution Recital G b (new) Gb. whereas digital trade must protect endangered wildlife species, and online market places must ban the sale of wildlife and wildlife products in their platforms;
Amendment 51 #
Draft opinion Paragraph 8 a (new) 8a. Highlights that the digital economy should be regarded as part of a EU taxation agenda and calls on the European Commission to ensure that multinationals in the digital sphere are subject to a fair, efficient and growth- friendly corporate tax system and are taxable in the countries where economic activity takes place and income is generated
Amendment 52 #
Motion for a resolution Recital H H. whereas private companies are increasingly setting norms and standards in the digital economy; whereas they must go further and faster in developing technological solutions, which could help prevent, detect and remove illegal content online;
Amendment 52 #
Draft opinion Paragraph 8 a (new) 8a. Highlights that the digital economy should be regarded as part of an EU taxation agenda and calls on the European Commission to ensure that multinationals in the digital sphere are subject to a fair and efficient corporate tax system and are taxable in the countries where economic activity takes place and income is generated;
Amendment 53 #
Motion for a resolution Recital H H. whereas private companies are increasingly setting norms and standards in the digital economy and at the same time accelerate the development of technological solutions to safeguard business and customers;
Amendment 53 #
Draft opinion Paragraph 9 9. Proposes the inclusion in trade agreements of a provision
Amendment 54 #
Motion for a resolution Recital H H. whereas private companies are increasingly setting norms and standards in the digital economy, which will have a direct impact on citizens and consumers, as well as on domestic and international trade;
Amendment 54 #
Draft opinion Paragraph 9 9. Proposes the inclusion in trade agreements of a provision maintaining the right of a party to protect personal data, with the only condition that it must not be used with the intention of restricting data flows for reasons other than the protection of personal data, as protection of personal data for all is a priority in order to build greater trust and strengthen fundamental rights.
Amendment 55 #
Motion for a resolution Recital H H. whereas private companies are increasingly setting norms and standards in the digital economy;
Amendment 55 #
Draft opinion Paragraph 9 9. Proposes the inclusion in trade agreements of a provision maintaining the right of a party to protect personal data
Amendment 56 #
Motion for a resolution Recital H a (new) Ha. whereas the EU has a paramount interest in shaping the globalisation and digitalisation of our economies and of international trade, at the same time two of the main engines for growth for businesses and two of main causes for concern for citizens; whereas the economic opportunities and the societal challenges of new technologies (e.g. nanotechnology, biotechnology, information technology and cognitive science) and of new applications (artificial intelligence, blockchain and robotics) must be respectively unleashed and mitigated;
Amendment 56 #
Draft opinion Paragraph 9 9.
Amendment 57 #
Motion for a resolution Recital H a (new) Ha. whereas the OECD recommendations against Base Erosion and Profit Shifting and the EU’s plans on a Common Consolidated Corporate Tax base have highlighted the need to address a number of tax challenges posed by the digital economy; whereas a more transparent, efficient and fair system for calculating the tax base of cross-border companies should prevent profit shifting and tax avoidance;
Amendment 57 #
Draft opinion Paragraph 9 9.
Amendment 58 #
Motion for a resolution Recital H a (new) Ha. whereas the development of digital trade will boost the size of the digital economy, which will further give rise to new challenges with regard to the adaptation of fiscal principles and rules; whereas digital trade would have major societal impact on employment, working conditions, workers’ rights, global value chains, education and skills;
Amendment 58 #
Draft opinion Paragraph 9 – subparagraph 1 (new) Considers that data flows are indispensable to trade in services and the digital economy but should never compromise the EU’s acquis on data protection and the right to privacy. Recalls that data and the right to privacy are not a trade barrier but a fundamental right
Amendment 59 #
Motion for a resolution Recital H a (new) Ha. whereas in recent years various companies operating on the digital market have often exploited differences in taxation in the European Union in order to avoid taxation of their profits in the Member States where they have in reality been generated;
Amendment 59 #
Draft opinion Paragraph 9 a (new) 9a. Reiterates that forced data localisation can be a protectionist tool and as such can translate into a trade barrier, which favours large incumbents, puts SMEs in disadvantaged position and distorts competition and is to the detriment of consumers, calls for the inclusion of a provision for free flow of non-personal data in trade agreements and encourages practises such as cloud storage, facilitating an easier accessibility to the involved parties without major barriers
Amendment 6 #
Motion for a resolution Citation 15 Amendment 6 #
Draft opinion Paragraph 1 a (new) 1a. Notes that digital trade does not only positively impact the digital technology sector, but has a positive spin- off effect on the entire value chain and across all industries and players, including consumers and employees. In fact, by 2025, half of all value in the global economy will be created digitally generating €415B in additional economic growth and hundreds of thousands of new jobs.
Amendment 60 #
Motion for a resolution Recital H a (new) Ha. whereas a number of transnationally operating companies use digital economy transactions as a means of taking advantage of international tax loopholes, consequently eroding the tax basis of national economies;
Amendment 60 #
Draft opinion Paragraph 9 b (new) 9b. Stresses that globally telecommunications companies are not only providers of their own products and services but also enablers for other sectors, by providing the essential connectivity infrastructure for functioning and growing in the digital economy especially with a view innovative to business models and in this respect urges the EC to continue incorporating provisions in trade agreements with similar levels of access as is available in the EU. Considers that trade partners with pro-competitive telecoms networks will increase trading opportunities to the EU and will also contribute to the digital divide of less development countries with low levels of access to the internet
Amendment 61 #
Motion for a resolution Recital H b (new) Hb. whereas in the digital single market threats are on the increase, and whereas cybersecurity is vital in order to create a legal and secure environment for digital trade;
Amendment 61 #
Draft opinion Paragraph 9 c (new) 9c. Further calls on the Commission to promote rule-based competition in the telecommunication sector, guaranteeing the independence of regulators and ensuring a fair and non-discriminatory access to telecom networks by European undertakings that will increase choice for consumers. Strongly supports the principle of non-discriminatory access to internet and encourages the European Commission to actively promote this principle at a multilateral level and on FTAs.
Amendment 62 #
Motion for a resolution Recital H b (new) Hb. whereas according to the OECD, up to 5% of goods imported into to the EU are counterfeited, resulting in substantial losses in jobs and tax revenues;
Amendment 62 #
Draft opinion Paragraph 9 d (new) 9d. Highlights that globally digital trade in goods is confronted with the problem of counterfeiting and urges the EC to promote initiatives such as an open system IT-trust mark to boost the trust of consumers in the e-merchants and ensure a level playing field. Encourages the use of instruments such as the Memorandum of Understanding on the online sale of counterfeit goods.
Amendment 63 #
Motion for a resolution Recital H c (new) Hc. whereas sensitive sectors such as audio-visual services, and fundamental rights such as the protection of personal data should not be subject to trade negotiations;
Amendment 64 #
Motion for a resolution Recital H c (new) Hc. whereas digital trade must also aim to promote the growth of SMEs and start-ups, and not only of multinationals;
Amendment 65 #
Motion for a resolution Recital H d (new) Hd. whereas according to special Eurobarometer 431, nine out of ten Europeans think that it is important for them to have the same rights and protection over their personal information, regardless of the country in which the public authority or private company offering the service is based;
Amendment 66 #
Motion for a resolution Paragraph 1 1. Underlines that the EU, as a community of values and the world’s biggest exporter of services, should set the standards in international rules and
Amendment 67 #
Motion for a resolution Paragraph 1 1. Underlines that the EU, as a community of values and the world’s biggest exporter of services, should set the standards in international rules and agreements on digital trade flows based on
Amendment 68 #
Motion for a resolution Paragraph 1 1. Underlines that the EU, as a community of values and the world’s biggest exporter of services, should set the standards in international rules and agreements on digital trade flows based on three elements: (1) ensuring market access for digital goods and services in third countries, (2) ensuring that trade rules create tangible benefits for consumers and (3) ensuring and promoting respect for fundamental rights;
Amendment 69 #
Motion for a resolution Paragraph 1 1. Underlines that the Member States of the EU, as a community
Amendment 7 #
Motion for a resolution Citation 15 Amendment 7 #
Draft opinion Paragraph 1 a (new) 1a. Notes that technology and the internet facilitate an inclusive economy, allowing even the smallest businesses in the most remote regions to trade globally directly and in this respect calls on the European Commission to pursue 21st century trade agreements that recognize the fundamental advancement of technology and the internet.
Amendment 70 #
Motion for a resolution Paragraph 1 a (new) 1a. Stresses the need to bridge the digital divide in order to minimise potential negative social and development Impacts; underlines in this regard the importance to promote female participation in STEM (science, technology, engineering and mathematics), to remove barriers to lifelong learning, to close gender gaps in access to and in the use of new technologies; calls on the Commission to explore further how current trade policy and gender equality are linked and how trade can promote women´s economic empowerment;
Amendment 71 #
Motion for a resolution Paragraph 1 a (new) 1a. Considers that European standards shall be fully-safeguarded in the trade agreements the Commission negotiates, and where possible commuted into international standards; stresses that global trade rules on e-commerce are an instrument for growth and a tool to project our values; rejects digital protectionism, mass surveillance and online censorship; supports freedom of expression and information, personal data protection and encryption;
Amendment 72 #
Motion for a resolution Paragraph 1 b (new) 1b. Notes that while intensified digital trade can lead to welfare benefits the digital economy has already shown a troubling tendency towards excessive market and power concentration; considers therefore that a digital trade strategy must be complemented by a reinforced and effective international framework for competition policy including by increased cooperation between competition authorities and strong competition chapters in trade agreements;
Amendment 73 #
Motion for a resolution Paragraph 2 2. Stresses that access to secure broadband internet connectivity and digital payment methods, effective consumer protection, in particular redress mechanisms for online cross-border sales, and predictable customs procedures, are essential elements in relation to enabling digital trade, sustainable development and inclusive growth; reiterates its demand to identify the challenges that consumers face when they buy goods and services on e-commerce websites located outside the EU, and to propose concrete measures if need be;
Amendment 74 #
Motion for a resolution Paragraph 2 2. Stresses that access to secure broadband internet connectivity and digital payment methods, effective consumer protection, in particular redress mechanisms for online cross-border sales, and predictable customs procedures, are essential elements in relation to enabling digital trade
Amendment 75 #
Motion for a resolution Paragraph 2 a (new) 2a. Calls on the Commission to ensure that businesses and companies comply with competition rules and that there is no discrimination against competitors to the detriment of consumers’ welfare; highlights in this regard that manufacturers and retailers, acting in a competitive market, must respond to consumers’ preferences rather than stipulate the terms on which consumers may access products;
Amendment 76 #
Motion for a resolution Paragraph 2 a (new) 2a. Urges the Commission to include net neutrality as a key part of its digital trade strategy, thereby ensuring internet traffic is treated equally among trading partners, without blocking or slowing down certain data; recognises that net neutrality is a democracy pillar of the internet and is crucial for fair competition as well as equal access to information;
Amendment 77 #
Motion for a resolution Paragraph 2 a (new) 2a. Stresses the importance in trade agreements to promote fair and effective competition, in particular between digital service providers such as online platforms and users such as SMEs, to promote consumer choice, to ensure non- discriminatory treatment of all market players and to avoid the creation of dominant positions that distort the markets;
Amendment 78 #
Motion for a resolution Paragraph 2 a (new) 2a. Considers that reducing transaction costs (such as commission, additional charges, direct or indirect fees or similar practices) is vital as a way of promoting the development of digital trade, ensuring the transparency of transactions and genuinely improving consumer choice;
Amendment 79 #
Motion for a resolution Paragraph 2 b (new) 2b. Considers that trade agreements should provide for increased cooperation between consumer protection agencies and welcomes initiatives to foster consumer trust-enhancing measures in trade negotiations such as disciplines on electronic signatures and contracts and unsolicited communications; highlights that the rights of consumers must be protected and must not be diluted in any case; stresses in this regard that the processing of services has to comply with high standards such as the protection of data and privacy, and underlines in this regard the importance of the fight against Internet crime;
Amendment 8 #
Motion for a resolution Citation 15 Amendment 8 #
Draft opinion Paragraph 1 a (new) 1a. Notes that Information Communications Technology (ICT) has become more than a specific sector, if it used properly, it could be a key driver for innovation, growth and job creation in almost all sectors of the economy, and an enabler for societal wellbeing, social inclusion and individual empowerment;
Amendment 80 #
Motion for a resolution Paragraph 2 b (new) 2b. Calls on the Commission to make it clear to our trading partners that the existence and effective implementation of rules in line with the EU’s General Data Protection Regulation and the E-Privacy Directive is a prerequisite to sign any data related part of a trade agreement; points out that only high common standards will improve trust in e-commerce and can safeguard the respective fundamental rights globally;
Amendment 81 #
Motion for a resolution Paragraph 2 c (new) 2c. Recalls the need to put in place simplified, tax- and duty-free customs treatment of items sold online and returned unused, since a customer’s opportunity to return the item is a pillar of the competitiveness of e-commerce retailers; Calls on the Commission to address public concerns through better information on regulations such as data security, privacy, intellectual property protection, consumer protection and the safeguarding of cultural values;
Amendment 82 #
Motion for a resolution Paragraph 2 d (new) 2d. Points out that a digital development strategy should include investment in digital infrastructure, such as internet access, devices and computers as well as in digital enterprises, including relevant trainings; stresses that such investments are particularly important for local firms, especially in developing countries to be able to interact digitally with MNEs and to access global value- chains; highlights in this regard, that sustainable development should not be seen as a barrier for investments in the digital economy, but rather as a means to achieve a rules-based investment regime that aims at sustainability and inclusiveness;
Amendment 83 #
Motion for a resolution Paragraph 2 e (new) 2e. Underlines that small and medium-sized enterprises (SMEs) in developing countries make up the majority of businesses and employ the majority of manufacturing and service sector workers; Recalls that facilitating cross-border e-commerce can have a direct impact on improving livelihoods, fostering higher living standards and boosting economic development.
Amendment 84 #
Motion for a resolution Paragraph 2 f (new) 2f. Recalls that the digital economy generally and digital trade specifically can cause disruption in other sectors and do not automatically lead to equitable and shared growth; stresses in this regard that the necessary social flanking measures must be put in place for them to benefit the whole society, such as strong education and training policies, active labour market policies and measures to overcome the digital divide;
Amendment 85 #
Motion for a resolution Paragraph 2 g (new) 2g. Recalls that the new digital labour market claims to be flexible and cost- efficient, for both clients and independent contractors; stresses in this regard, that this new flexibility often goes hand in hand with precarious working conditions and undermines hard-won legal and social standards of decent work; Calls therefore on the Commission to focus on increasing protection of workers in the field of crowd working, including minimum wage, a form of social and health insurance, privacy protection and liability insurance;
Amendment 86 #
Motion for a resolution Paragraph 2 h (new) 2h. Stresses that rules and regulations on digital commerce must be feasible not only for online monopolists and big companies, but also for micro-enterprises, SMEs and start-ups to achieve fair competition and a level playing field in the digital economy;
Amendment 87 #
Motion for a resolution Paragraph 3 3. Recognises that adequacy decisions, including partial and sector- specific ones, are a fundamental mechanism in terms of safeguarding the
Amendment 88 #
Motion for a resolution Paragraph 3 3. Recognises that adequacy decisions, including partial and sector- specific ones, are a fundamental mechanism in terms of safeguarding the transfer of personal data from the EU to a third country; notes that the EU has
Amendment 89 #
Motion for a resolution Paragraph 3 3. Recognises that adequacy decisions, including partial and sector- specific ones,
Amendment 9 #
Motion for a resolution Citation 15 – having regard to the letter of 1
Amendment 9 #
Draft opinion Paragraph 1 a (new) 1a. Notes that Directive 2000/31/EC on electronic commerce needs to be revised in order to promote cross-border purchasing and online purchasing for consumers so they may benefit from the wider choice and lower prices provided by e-commerce;
Amendment 90 #
Motion for a resolution Paragraph 3 3. Recognises that adequacy decisions, including partial and sector- specific ones, are a fundamental mechanism in terms of safeguarding the transfer of personal data from the EU to a third country; notes that the EU has only adopted adequacy decisions with four of its 20 largest trading partners, not giving any guarantee for the other 16 main trading partners;
Amendment 91 #
Motion for a resolution Paragraph 3 a (new) 3a. Stresses the need for small and medium-sized enterprises, in particular, to be prepared for the challenges of the digital market and to receive particular support in making the transition to it;
Amendment 92 #
Motion for a resolution Paragraph 4 4. Calls on the Commission to prioritise and speed up the adoption of mutual adequacy decisions, provided that third countries ensure, by reason of their domestic law or their international commitments, a level of protection "essentially equivalent" to that guaranteed within the EU; calls on the Commission to adopt, and to make public, updated and detailed binding procedures for reaching these decisions, in full respect for national supervisory authorities’ powers and for the European Parliament’s opinion;
Amendment 93 #
Motion for a resolution Paragraph 4 4. Calls on the Commission to
Amendment 94 #
Motion for a resolution Paragraph 4 4. Calls on the Commission to prioritise and speed up the adoption of adequacy decisions; while ensuring as precondition a high level of data protection; calls on the Commission to adopt, and to make public, inclusive, updated and detailed binding procedures for reaching these decisions;
Amendment 95 #
Motion for a resolution Paragraph 4 a (new) 4a. Stresses the need for local trade as a way of keeping inner cities alive, and calls on the Commission to promote local- government measures and private initiatives to establish ‘digital shop windows’ and to make the necessary software for this available, inter alia by means of open-source approaches;
Amendment 96 #
Motion for a resolution Paragraph 5 5. Recalls that the ability to access, collect, process and transfer data has become a prerequisite for every type of company that delivers goods and services internationally, but that all these operations require a good deal of attention from the point of view of privacy and security, particularly in the case of sensitive data; expresses its concern that users should be informed transparently both about the way in which the data are stored or processed and whether they are sold to third parties, to enable users to give their explicit consent to the processing of their personal data;
Amendment 97 #
Motion for a resolution Paragraph 5 5. Recalls that the ability to access, collect, process and transfer data has become a prerequisite for
Amendment 98 #
Motion for a resolution Paragraph 5 5. Recalls that the ability to access, collect, process and transfer data across borders has become a prerequisite for every type of company that delivers goods and services internationally; notes that this matters for both personal and non- personal data and includes machine-to- machine communication;
Amendment 99 #
Motion for a resolution Paragraph 5 5. Recalls that the ability to access, collect, process and transfer data has become
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History
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2017-10-27Show (6) Changes | Timetravel
| activities/0/committees/1/shadows/3/mepref |
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54daaf6ed1d1c5205e000000New
4f1adb31b819f207b30000af |
| activities/0/committees/1/shadows/3/name |
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KOULOGLOU SteliosNew
SCHOLZ Helmut |
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| committees/1/shadows/3/mepref |
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54daaf6ed1d1c5205e000000New
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| committees/1/shadows/3/name |
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KOULOGLOU SteliosNew
SCHOLZ Helmut |
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2017-09-08Show (1) Changes | Timetravel
| other/0 |
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2017-07-06Show (2) Changes | Timetravel
| activities/0/committees/1/shadows/3 |
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2017-06-24Show (1) Changes | Timetravel
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2017-06-23Show (2) Changes | Timetravel
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2017-06-01Show (2) Changes | Timetravel
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2017-05-26Show (3) Changes | Timetravel
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| procedure/dossier_of_the_committee |
INTA/8/09922
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| procedure/stage_reached |
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Preparatory phase in ParliamentNew
Awaiting committee decision |
2017-05-25Show (1) Changes | Timetravel
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2017-05-21Show (5) Changes
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