En En Amendments

European Parliament 2019-2024

Committee on Legal Affairs

2020/0361(COD)

19.7.2021

AMENDMENTS 918 - 1151

Draft opinion Geoffroy Didier (PE694.960v01-00)

Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC

Proposal for a regulation (COM(2020)0825 – C9-0418/2020 – 2020/0361(COD))

AM\1236861EN.docx PE696.292v01-00

EN United in diversityEN AM_Com_LegOpinion

PE696.292v01-00 2/121 AM\1236861EN.docx EN Amendment 918 Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal, Daniel Buda

Proposal for a regulation Article 28 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) any commitments undertaken (b) any of voluntary measures pursuant to the codes of conduct referred to undertaken pursuant to the codes of in Articles 35 and 36 and the crisis conduct referred to in Articles 35 and 36 protocols referred to in Article 37. and the crisis protocols referred to in Article 37.

Or. en

Amendment 919 Karen Melchior, Hilde Vautmans, Stéphane Séjourné

Proposal for a regulation Article 28 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. Audits performed pursuant to 2. Audits performed pursuant to paragraph 1 shall be performed by paragraph 1 shall be performed by organisations which: organisations which have been selected by the Commission and:

Or. en

Amendment 920 Stéphane Séjourné

Proposal for a regulation Article 28 – paragraph 2 – point c a (new)

Text proposed by the Commission Amendment

(ca) have been certified by the Commission for the performance of this task;

AM\1236861EN.docx 3/121 PE696.292v01-00 EN Or. en

Amendment 921 Stéphane Séjourné

Proposal for a regulation Article 28 – paragraph 3 – point f a (new)

Text proposed by the Commission Amendment

(fa) a description of specific elements that could not be audited, and an explanation of why these could not be audited;

Or. en

Amendment 922 Stéphane Séjourné

Proposal for a regulation Article 28 – paragraph 3 – point f b (new)

Text proposed by the Commission Amendment

(fb) where the audit opinion could not reach a conclusion for specific elements within the scope of the audit, a statement of reasons for the failure to reach such conclusion.

Or. en

Amendment 923 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 28 – paragraph 4

Text proposed by the Commission Amendment

PE696.292v01-00 4/121 AM\1236861EN.docx EN recommendations addressed to them with a recommendations addressed to them with a view to take the necessary measures to view to take the necessary measures to implement them. They shall, within one implement them. They shall, within one month from receiving those month from receiving those recommendations, adopt an audit recommendations, adopt an audit implementation report setting out those implementation report setting out those measures. Where they do not implement measures. the operational recommendations, they shall justify in the audit implementation report the reasons for not doing so and set out any alternative measures they may have taken to address any instances of non-compliance identified.

Or. en

Amendment 924 Patrick Breyer

Proposal for a regulation Article 28 – paragraph 4

Text proposed by the Commission Amendment

4. Very large online platforms 4. Very large online platforms receiving an audit report that is not positive receiving an audit report that is not positive shall take due account of any operational shall take due account of any operational recommendations addressed to them with a recommendations addressed to them. They view to take the necessary measures to shall, within one month from receiving implement them. They shall, within one those recommendations, adopt an audit month from receiving those implementation report. Where they do not recommendations, adopt an audit implement the operational implementation report setting out those recommendations, they shall justify in the measures. Where they do not implement audit implementation report the reasons for the operational recommendations, they not doing so and set out any alternative shall justify in the audit implementation measures they may have taken to address report the reasons for not doing so and set any instances of non-compliance identified. out any alternative measures they may have taken to address any instances of non- compliance identified.

Or. en

Justification

Since these recommendations are not subject to democratic or judicial scrutiny, their implementation shall not be mandated by law.

AM\1236861EN.docx 5/121 PE696.292v01-00 EN Amendment 925 Emmanuel Maurel

Proposal for a regulation Article 28 – paragraph 4

Text proposed by the Commission Amendment

4. Very large online platforms 4. Large online platforms receiving an receiving an audit report that is not positive audit report that is not positive shall take shall take due account of any operational due account of any operational recommendations addressed to them with a recommendations addressed to them with a view to take the necessary measures to view to take the necessary measures to implement them. They shall, within one implement them. They shall, within one month from receiving those month from receiving those recommendations, adopt an audit recommendations, adopt an audit implementation report setting out those implementation report setting out those measures. Where they do not implement measures. Where they do not implement the operational recommendations, they the operational recommendations, they shall justify in the audit implementation shall justify in the audit implementation report the reasons for not doing so and set report the reasons for not doing so and set out any alternative measures they may out any alternative measures they may have taken to address any instances of non- have taken to address any instances of non- compliance identified. compliance identified.

Or. fr

Amendment 926 Geoffroy Didier

Proposal for a regulation Article 29

Text proposed by the Commission Amendment

Article 29 deleted Recommender systems 1. Very large online platforms that use recommender systems shall set out in their terms and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used in their recommender systems, as well as any options for the recipients of the service to

PE696.292v01-00 6/121 AM\1236861EN.docx EN modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679. 2. Where several options are available pursuant to paragraph 1, very large online platforms shall provide an easily accessible functionality on their online interface allowing the recipient of the service to select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them.

Or. en

Amendment 927 Emmanuel Maurel

Proposal for a regulation Article 29 – paragraph 1

Text proposed by the Commission Amendment

1. Very large online platforms that 1. Online platforms that use use recommender systems shall set out in recommender systems shall set out in their their terms and conditions, in a clear, terms and conditions, in a clear, accessible accessible and easily comprehensible and easily comprehensible manner, the manner, the main parameters used in their main parameters used in their recommender systems, as well as any recommender systems, as well as any options for the recipients of the service to options for the recipients of the service to modify or influence those main parameters modify or influence those main parameters that they may have made available, that they may have made available. Online including at least one option which is not platforms shall ensure that consumer based on profiling, within the meaning of profiling does not take place by default, Article 4 (4) of Regulation (EU) 2016/679. unless this is the preferred option of the latter, in line with the requirements set out in Regulation (EU) 2016/679. Online platforms shall not distort or impede the autonomy, decision-making or choice of consumers through any structure, function or modus operandi of their online interface or any part of that

AM\1236861EN.docx 7/121 PE696.292v01-00 EN interface.

Or. fr

Amendment 928 Patrick Breyer

Proposal for a regulation Article 29 – paragraph 1

Text proposed by the Commission Amendment

1. Very large online platforms that use 1. Very large online platforms that use recommender systems shall set out in their recommender systems shall set out in their terms and conditions, in a clear, accessible terms and conditions, in a clear, accessible and easily comprehensible manner, the and easily comprehensible manner, main parameters used in their meaningful information about the logic recommender systems, as well as any involved and the main parameters used in options for the recipients of the service to their recommender systems, as well as any modify or influence those main parameters options for the recipients of the service to that they may have made available, modify or influence those main parameters including at least one option which is not that they may have made available, based on profiling, within the meaning of including at least one option which is not Article 4 (4) of Regulation (EU) 2016/679. based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679 and which is activated by default. Basing recommender systems on profiling shall require the explicit consent of the recipient, as defined in Article 4, point (11), of Regulation (EU) 2016/679.

Or. en

Justification

Subject to discussion on JURI competences.

Amendment 929 Karen Melchior, Liesje Schreinemacher, Stéphane Séjourné

Proposal for a regulation Article 29 – paragraph 1

Text proposed by the Commission Amendment

PE696.292v01-00 8/121 AM\1236861EN.docx EN 1. Very large online platforms that use 1. Very large online platforms that use recommender systems shall set out in their recommender systems shall set out in their terms and conditions, in a clear, accessible terms and conditions and on a designated and easily comprehensible manner, the web page that can be directly reached main parameters used in their from the very large online platforms’ recommender systems, as well as any online interface, in a clear, accessible and options for the recipients of the service to easily comprehensible manner for the modify or influence those main parameters general public, the main parameters used that they may have made available, in their recommender systems, the including at least one option which is not optimisation goals of their recommender based on profiling, within the meaning of systems as well as any options for the Article 4 (4) of Regulation (EU) 2016/679. recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.

Or. en

Amendment 930 Tiemo Wölken, Evelyne Gebhardt, Franco Roberti, Christel Schaldemose

Proposal for a regulation Article 29 – paragraph 1

Text proposed by the Commission Amendment

1. Very large online platforms that use 1. Very large online platforms that use recommender systems shall set out in their recommender systems shall set out in their terms and conditions, in a clear, accessible terms and conditions, in a clear, accessible and easily comprehensible manner, the and easily comprehensible manner, the main parameters used in their main parameters used in their recommender systems, as well as any recommender systems, as well as any options for the recipients of the service to options for the recipients of the service to modify or influence those main parameters modify or influence those main parameters that they may have made available, that they may have made available, including at least one option which is not including at least one option which is not based on profiling, within the meaning of based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679. Article 4 (4) of Regulation (EU) 2016/679. Any option based on profiling within the meaning of Article 4 (4) of Regulation (EU) 2016/679 shall never be the default setting of a recommender system.

Or. en

AM\1236861EN.docx 9/121 PE696.292v01-00 EN Amendment 931 Axel Voss, Michael Gahler, Sabine Verheyen, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal

Proposal for a regulation Article 29 – paragraph 1

Text proposed by the Commission Amendment

1. Very large online platforms that 1. Very large online platforms shall use recommender systems shall set out in base the parameters of their recommender their terms and conditions, in a clear, system on Regulation (EU) 2019/1150 of accessible and easily comprehensible the European Parliament and of the manner, the main parameters used in Council of 20 June 2019 on promoting their recommender systems, as well as any fairness and transparency for business options for the recipients of the service to users of online intermediation services modify or influence those main (P2B) and set them out in their terms and parameters that they may have made conditions. available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.

Or. en

Amendment 932 Kosma Złotowski

Proposal for a regulation Article 29 – paragraph 1

Text proposed by the Commission Amendment

1. Very large online platforms that use 1. Very large online platforms that use recommender systems shall set out in their recommender systems or any other terms and conditions, in a clear, accessible systems used to determine the order of and easily comprehensible manner, the presentation of content, including those main parameters used in their which decrease the visibility of content, recommender systems, as well as any shall set out in their terms and conditions, options for the recipients of the service to in a clear, accessible and easily modify or influence those main comprehensible manner, the main parameters that they may have made parameters used in these systems. available, including at least one option which is not based on profiling, within the

PE696.292v01-00 10/121 AM\1236861EN.docx EN meaning of Article 4 (4) of Regulation (EU) 2016/679.

Or. en

Amendment 933 Kosma Złotowski

Proposal for a regulation Article 29 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. The main parameters referred to in paragraph 1 of this Article shall include at least the following elements: (a) the main criteria used by the relevant recommender system; (b) how these criteria are prioritised; (c) the optimisation goal of the relevant recommender system; and (d) an explanation of the role that the behaviour of the recipients of the service plays in how the relevant recommender system functions.

Or. en

Amendment 934 Tiemo Wölken, Evelyne Gebhardt, Franco Roberti, Christel Schaldemose

Proposal for a regulation Article 29 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. The parameters referred to in paragraph 1 shall include but not be limited to: (a) the recommendation criteria; (b) objectives of the recommender system;

AM\1236861EN.docx 11/121 PE696.292v01-00 EN (c) hierarchy and weighing of different criteria if applicable; (d) the role of recipient behaviour in determining recommender system outputs if applicable;

Or. en

Amendment 935 Axel Voss, Andrzej Halicki, Michael Gahler, Sabine Verheyen, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal, Daniel Buda, Pascal Arimont

Proposal for a regulation Article 29 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. The parameters used in recommender systems shall always be fair and non-discriminatory.

Or. en

Amendment 936 Kosma Złotowski

Proposal for a regulation Article 29 – paragraph 1 b (new)

Text proposed by the Commission Amendment

1b. Very large online platforms shall provide options for the recipients of the service to modify or influence parameters referred to in paragraph 2, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation(EU) 2016/679.

Or. en

Amendment 937

PE696.292v01-00 12/121 AM\1236861EN.docx EN Kosma Złotowski

Proposal for a regulation Article 29 – paragraph 1 c (new)

Text proposed by the Commission Amendment

1c. The parameters used in recommender systems shall always be fair and non-discriminatory.

Or. en

Amendment 938 Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal

Proposal for a regulation Article 29 – paragraph 2

Text proposed by the Commission Amendment

2. Where several options are deleted available pursuant to paragraph 1, very large online platforms shall provide an easily accessible functionality on their online interface allowing the recipient of the service to select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them.

Or. en

Amendment 939 Kosma Złotowski

Proposal for a regulation Article 29 – paragraph 2

Text proposed by the Commission Amendment

2. Where several options are 2. Very large online platforms shall available pursuant to paragraph 1, very provide an easily accessible functionality

AM\1236861EN.docx 13/121 PE696.292v01-00 EN large online platforms shall provide an on their online interface allowing the easily accessible functionality on their recipient of the service to: online interface allowing the recipient of the service to select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them. (a) select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them; (b) select third party recommender systems.

Or. en

Amendment 940 Karen Melchior

Proposal for a regulation Article 29 – paragraph 2

Text proposed by the Commission Amendment

2. Where several options are available 2. Where several options are pursuant to paragraph 1, very large online available pursuant to paragraph 1, very platforms shall provide an easily accessible large online platforms shall provide functionality on their online interface clear and easily accessible functionality on allowing the recipient of the service to their online interface allowing the recipient select and to modify at any time their of the service to select and to modify at any preferred option for each of the time their preferred option for each of the recommender systems that determines the recommender systems that determines the relative order of information presented to relative order of information presented to them. them.

Or. en

Amendment 941 Emmanuel Maurel

Proposal for a regulation Article 29 – paragraph 2

PE696.292v01-00 14/121 AM\1236861EN.docx EN Text proposed by the Commission Amendment

2. Where several options are available 2. Where several options are available pursuant to paragraph 1, very large online pursuant to paragraph 1, large online platforms shall provide an easily accessible platforms shall provide an easily accessible functionality on their online interface functionality on their online interface allowing the recipient of the service to allowing the recipient of the service to select and to modify at any time their select and to modify at any time their preferred option for each of the preferred option for each of the recommender systems that determines the recommender systems that determines the relative order of information presented to relative order of information presented to them. them.

Or. fr

Amendment 942 Tiemo Wölken, Evelyne Gebhardt, Franco Roberti, Christel Schaldemose

Proposal for a regulation Article 29 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Very large online platforms that use recommender systems shall allow the recipient of the service to have information presented to them in a chronological order only and, where technically possible, to use third-party recommender systems. Third-party recommender systems shall have access to the same information available to the recommender systems used by the platform, notwithstanding the platform’s obligations under Regulation (EU) 2016/679. Very large online platforms may only temporarily limit access to third- party recommender systems in case of provable abuse by the third-party provider or when justified by an immediate requirement to address a technical issue such as a serious security vulnerability.

Or. en

AM\1236861EN.docx 15/121 PE696.292v01-00 EN Amendment 943 Patrick Breyer

Proposal for a regulation Article 29 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Very large online platforms that use recommender systems shall allow the recipient of the service to have information presented to them in chronological order only and alternatively, where technically possible, to use third-party recommender systems. Third-party recommender systems shall have access to the same information that is available to the recommender systems used by the platform. They shall process this information only to provide recommendations to the recipient.

Or. en

Justification

Subject to discussion on JURI competences. The algorithm-driven spreading and amplification of legal but potentially problematic content needs to be contained by giving users more control over content proposed to them. Users of very large platforms shall have a right to see their timeline and other content recommendations in chronological order only (resolutions 2020/2022(INI), par. 35, and 2020/2018(INL), recital X) and also be provided with an API that allows them to have content curated by software or services of their choice, where this is technically possible (resolution 2020/2019(INL), par. 28). The latter option ensures competition and user choice between recommender systems, allowing users to better protect themselves against information they do not wish to see. The DSA should promote the creation of an innovative and competitive EU market of recommender systems where different providers can compete on the merits of how useful their systems are to users rather than to the platforms.

Amendment 944 Stéphane Séjourné

Proposal for a regulation Article 29 – paragraph 2 a (new)

Text proposed by the Commission Amendment

PE696.292v01-00 16/121 AM\1236861EN.docx EN 2a. Online platforms shall ensure that their online interface is designed in such a way that it does not risk misleading or manipulating the recipients of the service.

Or. en

Amendment 945 Karen Melchior, Hilde Vautmans, Stéphane Séjourné

Proposal for a regulation Article 30 – title

Text proposed by the Commission Amendment

Additional online advertising transparency Additional online advertising transparency and protection

Or. en

Amendment 946 Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal

Proposal for a regulation Article 30 – paragraph 1

Text proposed by the Commission Amendment

1. Very large online platforms that 1. Very large online platforms that display advertising on their online display advertising on their online interfaces shall compile and make publicly interfaces shall compile and make publicly available through application programming available through application programming interfaces a repository containing the interfaces a repository containing the information referred to in paragraph 2, information referred to in paragraph 2, for until one year after the advertisement was advertisements that have been seen by displayed for the last time on their online more than 5000 recipients of the service interfaces. They shall ensure that the and until six months after the repository does not contain any personal advertisement was displayed for the last data of the recipients of the service to time on their online interfaces. They shall whom the advertisement was or could have ensure that the repository does not contain been displayed. any personal data of the recipients of the service to whom the advertisement was or could have been displayed.

AM\1236861EN.docx 17/121 PE696.292v01-00 EN Or. en

Amendment 947 Stéphane Séjourné

Proposal for a regulation Article 30 – paragraph 1

Text proposed by the Commission Amendment

1. Very large online platforms that 1. Very large online platforms that display advertising on their online display advertising on their online interfaces shall compile and make publicly interfaces shall compile and make available available through application programming to relevant authorities and vetted interfaces a repository containing the researchers, meeting the requirements of information referred to in paragraph 2, Article 31(4), through application until one year after the advertisement was programming interfaces a repository displayed for the last time on their online containing the information referred to in interfaces. They shall ensure that the paragraph 2,until one year after the repository does not contain any personal advertisement was displayed for the last data of the recipients of the service to time on their online interfaces. They shall whom the advertisement was or could have ensure that the repository does not contain been displayed. any personal data of the recipients of the service to whom the advertisement was or could have been displayed.

Or. en

Amendment 948 Tiemo Wölken, Evelyne Gebhardt, Franco Roberti, Christel Schaldemose

Proposal for a regulation Article 30 – paragraph 1

Text proposed by the Commission Amendment

PE696.292v01-00 18/121 AM\1236861EN.docx EN repository does not contain any personal interfaces. They shall ensure that the data of the recipients of the service to repository does not contain any personal whom the advertisement was or could have data of the recipients of the service to been displayed. whom the advertisement was or could have been displayed.

Or. en

Amendment 949 Emmanuel Maurel

Proposal for a regulation Article 30 – paragraph 1

Text proposed by the Commission Amendment

1. Very large online platforms that 1. Large online platforms that display display advertising on their online advertising on their online interfaces shall interfaces shall compile and make publicly compile and make publicly available available through application programming through application programming interfaces a repository containing the interfaces a repository containing the information referred to in paragraph 2, information referred to in paragraph 2, until one year after the advertisement was until one year after the advertisement was displayed for the last time on their online displayed for the last time on their online interfaces. They shall ensure that the interfaces. They shall ensure that the repository does not contain any personal repository does not contain any personal data of the recipients of the service to data of the recipients of the service to whom the advertisement was or could have whom the advertisement was or could have been displayed. been displayed.

Or. fr

Amendment 950 Karen Melchior, Stéphane Séjourné

Proposal for a regulation Article 30 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) the content of the advertisement; (a) the content of the advertisement, including the name of the product, service or brand and the object of the advertisement;

AM\1236861EN.docx 19/121 PE696.292v01-00 EN Or. en

Amendment 951 Tiemo Wölken, Evelyne Gebhardt, Franco Roberti, Christel Schaldemose, Brando Benifei

Proposal for a regulation Article 30 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) the natural or legal person on (b) the natural or legal person on whose behalf the advertisement is whose behalf the advertisement is displayed; displayed and the natural or legal person who finances the advertisement;

Or. en

Amendment 952 Karen Melchior, Liesje Schreinemacher, Stéphane Séjourné

Proposal for a regulation Article 30 – paragraph 2 – point b a (new)

Text proposed by the Commission Amendment

(ba) the natural or legal person or group who paid for the advertisement;

Or. en

Amendment 953 Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal

Proposal for a regulation Article 30 – paragraph 2 – point d

Text proposed by the Commission Amendment

(d) whether the advertisement was deleted intended to be displayed specifically to one or more particular groups of recipients of the service and if so, the

PE696.292v01-00 20/121 AM\1236861EN.docx EN main parameters used for that purpose;

Or. en

Amendment 954 Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal

Proposal for a regulation Article 30 – paragraph 2 – point e

Text proposed by the Commission Amendment

(e) the total number of recipients of deleted the service reached and, where applicable, aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically.

Or. en

Amendment 955 Karen Melchior

Proposal for a regulation Article 30 – paragraph 2 – point e

Text proposed by the Commission Amendment

(e) the total number of recipients of the (e) the total number of recipients of service reached and, where applicable, the service reached in each country and, aggregate numbers for the group or groups where applicable, aggregate numbers of recipients to whom the advertisement for the group or groups of recipients to was targeted specifically. whom the advertisement was targeted specifically.

Or. en

Amendment 956 Tiemo Wölken, Evelyne Gebhardt, Franco Roberti, Christel Schaldemose, Brando Benifei

Proposal for a regulation

AM\1236861EN.docx 21/121 PE696.292v01-00 EN Article 30 – paragraph 2 – point e a (new)

Text proposed by the Commission Amendment

(ea) any decisions by the online platform regarding labelling, removal or disabling of online advertisements, including a justification explaining the grounds for the decision.

Or. en

Amendment 957 Karen Melchior, Liesje Schreinemacher

Proposal for a regulation Article 30 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. The very large online platform shall design and organise its online interface in such a way that recipients of the service can easily and efficiently exercise their rights under applicable Union law in relation to the processing of their personal data for each specific advertisement displayed to the data subject on the platform, in particular: (a) To withdraw consent or to object to processing (b) To obtain access to the personal data concerning the data subject (c) To obtain rectification of inaccurate personal data concerning the data subject (d) To obtain erasure of personal data without undue delay (e) Where a recipient exercises any of these rights, the online platform must inform any parties to whom the personal data concerned in points (a)-(d) have been enclosed in accordance with Article 19 of Regulation (EU) 2016/679.

PE696.292v01-00 22/121 AM\1236861EN.docx EN Or. en

Amendment 958 Stéphane Séjourné

Proposal for a regulation Article 30 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. The Board shall, after consulting trusted flaggers and vetted researchers, publish guidelines on the structure and organisation on repositories created pursuant to paragraph 1.

Or. en

Amendment 959 Stéphane Séjourné

Proposal for a regulation Article 30 – paragraph 2 b (new)

Text proposed by the Commission Amendment

2b. Very large online platforms selling advertising for display on their online interface shall ensure via standard contractual clauses with the purchasers of advertising space that the content with which the advertisement is associated is compliant with the terms and conditions of the platform, or with the law of the Member States where the recipients of the service to whom the advertisement will be displayed is located.

Or. en

Amendment 960 Karen Melchior, Liesje Schreinemacher, Stéphane Séjourné

AM\1236861EN.docx 23/121 PE696.292v01-00 EN Proposal for a regulation Article 30 – paragraph 2 b (new)

Text proposed by the Commission Amendment

2b. Very large online platforms shall be prohibited from profiling or targeting minors with personalised advertising, in compliance with the industry-standards laid down in Article 34 and Regulation (EU) 2016/679.

Or. en

Amendment 961 Stéphane Séjourné

Proposal for a regulation Article 30 – paragraph 2 c (new)

Text proposed by the Commission Amendment

2c. Very large online platforms that display advertising on their online interfaces shall conduct at their own expense, and upon request of advertisers, independent audits performed by organisations complying with the criteria set out in Article 28(2). Such audits shall be based on fair and proportionate conditions agreed between platforms and advertisers, shall be conducted with a reasonable frequency and shall entail: (a) conducting quantitative and qualitative assessment of cases where advertising is associated with illegal content or with content incompatible with platforms’ terms and conditions; (b) monitoring for and detecting of fraudulent use of their services to fund illegal activities; (c) assessing the performance of their tools in terms of brand safety. The audit report shall include opinion on the performance of platforms’ tools in

PE696.292v01-00 24/121 AM\1236861EN.docx EN terms of brand safety. Where the audit opinion is not positive, the report shall make operational recommendations to the platforms on specific measures in order to achieve compliance. The platforms shall make available to advertisers, upon request, the results of such audit.

Or. en

Amendment 962 Karen Melchior, Liesje Schreinemacher, Stéphane Séjourné

Proposal for a regulation Article 30 – paragraph 2 c (new)

Text proposed by the Commission Amendment

2c. Very large online platforms shall take adequate measures to detect inauthentic videos (‘deep fakes’). When detecting such videos, they should label them as inauthentic in a way that is clearly visible for the internet user.

Or. en

Amendment 963 Karen Melchior, Liesje Schreinemacher, Stéphane Séjourné

Proposal for a regulation Article 30 – paragraph 2 d (new)

Text proposed by the Commission Amendment

2d. Very large online platforms shall offer users the opportunity to check if their username and password have been compromised in a data leak, such as through the pwned open source database.

Or. en

AM\1236861EN.docx 25/121 PE696.292v01-00 EN Amendment 964 Stéphane Séjourné

Proposal for a regulation Article 31 – paragraph 1

Text proposed by the Commission Amendment

1. Very large online platforms shall 1. Very large online platforms shall provide the Digital Services Coordinator of provide the Digital Services Coordinator of establishment or the Commission, upon establishment or the Commission, upon their reasoned request and within a their reasoned request and without delay, reasonable period, specified in the request, specified in the request, full and access to data that are necessary to monitor continuous access to data that are and assess compliance with this necessary to monitor and assess Regulation. That Digital Services compliance with this Regulation. That Coordinator and the Commission shall only Digital Services Coordinator and the use that data for those purposes. Commission shall only use that data for those purposes. With regard to moderation and recommender systems, very large online platforms shall provide upon request the Digital Services Coordinator or the Commission with access to algorithms and associated data that allow the detection of possible biases which could lead to the dissemination of illegal content, or content that is in breach with their terms and conditions, or presents threats to fundamental rights including freedom of expression. Where a bias is detected, very large online platforms should expeditiously correct it following the recommendations of the Digital Services Coordinator or the Commission. Very large online platforms should be able to demonstrate their compliance at every step of the process pursuant to this Article.

Or. en

Amendment 965 Emmanuel Maurel

Proposal for a regulation Article 31 – paragraph 1

PE696.292v01-00 26/121 AM\1236861EN.docx EN Text proposed by the Commission Amendment

1. Very large online platforms shall 1. Large online platforms shall provide the Digital Services Coordinator of provide the Digital Services Coordinator of establishment or the Commission, upon establishment or the Commission, upon their reasoned request and within a their reasoned request and within a reasonable period, specified in the request, reasonable period, and within a maximum access to data that are necessary to monitor of 72 hours, specified in the request, and assess compliance with this access to data that are necessary to monitor Regulation. That Digital Services and assess compliance with this Coordinator and the Commission shall only Regulation. That Digital Services use that data for those purposes. Coordinator and the Commission shall only use that data for those purposes.

Or. fr

Amendment 966 Axel Voss, Andrzej Halicki, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal

Proposal for a regulation Article 31 – paragraph 1

Text proposed by the Commission Amendment

Or. en

Amendment 967 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 31 – paragraph 1

AM\1236861EN.docx 27/121 PE696.292v01-00 EN Text proposed by the Commission Amendment

1. Very large online platforms shall 1. Very large online platforms shall provide the Digital Services Coordinator of provide the requesting Digital Services establishment or the Commission, upon Coordinator or the Commission, upon their their reasoned request and within a reasoned request and within a reasonable reasonable period, specified in the request, period, specified in the request, access to access to data that are necessary to monitor data that are necessary to monitor and and assess compliance with this assess compliance with this Regulation. Regulation. That Digital Services That Digital Services Coordinator and the Coordinator and the Commission shall only Commission shall only use that data for use that data for those purposes. those purposes.

Or. en

Amendment 968 Stéphane Séjourné

Proposal for a regulation Article 31 – paragraph 2

Text proposed by the Commission Amendment

2. Upon a reasoned request from the 2. Upon a reasoned request from the Digital Services Coordinator of Digital Services Coordinator of establishment or the Commission, very establishment, three Digital Services large online platforms shall, within a Coordinators of destination or the reasonable period, as specified in the Commission, very large online platforms request, provide access to data to vetted shall, within a reasonable period, as researchers who meet the requirements in specified in the request, provide access to paragraphs 4 of this Article, for the sole data to vetted researchers who meet the purpose of conducting research that requirements in paragraphs 4 of this contributes to the identification and Article, for the sole purpose of conducting understanding of systemic risks as set out research that contributes to the in Article 26(1). identification and understanding and mitigation of systemic risks as set out in Articles 26 and 27.

Or. en

Amendment 969 Axel Voss, Andrzej Halicki, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal

PE696.292v01-00 28/121 AM\1236861EN.docx EN Proposal for a regulation Article 31 – paragraph 2

Text proposed by the Commission Amendment

2. Upon a reasoned request from the 2. Upon a reasoned request from the Digital Services Coordinator of Digital Services Coordinator of establishment or the Commission, very establishment or the Commission, very large online platforms shall, within a large online platforms shall, within a reasonable period, as specified in the reasonable period, as specified in the request, provide access to data to vetted request, provide information and access to researchers who meet the requirements in relevant data to vetted researchers who paragraphs 4 of this Article, for the sole meet the requirements in paragraphs 4 of purpose of conducting research that this Article, for the sole purpose of contributes to the identification and conducting research that contributes to the understanding of systemic risks as set out identification and understanding of in Article 26(1). systemic risks as set out in Article 26(1).

Or. en

Amendment 970 Emmanuel Maurel

Proposal for a regulation Article 31 – paragraph 2

Text proposed by the Commission Amendment

2. Upon a reasoned request from the 2. Upon a reasoned request from the Digital Services Coordinator of Digital Services Coordinator of establishment or the Commission, very establishment or the Commission, large large online platforms shall, within a online platforms shall, within a reasonable reasonable period, as specified in the period, as specified in the request, provide request, provide access to data to vetted access to data to vetted researchers who researchers who meet the requirements in meet the requirements in paragraphs 4 of paragraphs 4 of this Article, for the sole this Article, for the sole purpose of purpose of conducting research that conducting research that contributes to the contributes to the identification and identification and understanding of understanding of systemic risks as set out systemic risks as set out in Article 26(1). in Article 26(1).

Or. fr

Amendment 971

AM\1236861EN.docx 29/121 PE696.292v01-00 EN Patrick Breyer

Proposal for a regulation Article 31 – paragraph 3

Text proposed by the Commission Amendment

3. Very large online platforms shall deleted provide access to data pursuant to paragraphs 1 and 2 through online databases or application programming interfaces, as appropriate.

Or. en

Amendment 972 Tiemo Wölken, Evelyne Gebhardt, Franco Roberti, Christel Schaldemose

Proposal for a regulation Article 31 – paragraph 3

Text proposed by the Commission Amendment

3. Very large online platforms shall 3. Very large online platforms shall provide access to data pursuant to provide access to data pursuant to paragraphs 1 and 2 through online paragraphs 1 and 2 through online databases or application programming databases or application programming interfaces, as appropriate. interfaces, as appropriate in an easily accessible and user-friendly format. This shall include personal data only where it is lawfully accessible by the public and without prejudice to Regulation (EU) 2016/679.

Or. en

Amendment 973 Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal, Daniel Buda

Proposal for a regulation Article 31 – paragraph 3

PE696.292v01-00 30/121 AM\1236861EN.docx EN Text proposed by the Commission Amendment

Or. en

Amendment 974 Emmanuel Maurel

Proposal for a regulation Article 31 – paragraph 3

Text proposed by the Commission Amendment

3. Very large online platforms shall 3. Large online platforms shall provide access to data pursuant to provide access to data pursuant to paragraphs 1 and 2 through online paragraphs 1 and 2 through online databases or application programming databases or application programming interfaces, as appropriate. interfaces, as appropriate.

Or. fr

Amendment 975 Tiemo Wölken, Evelyne Gebhardt, Franco Roberti, Christel Schaldemose, Brando Benifei

Proposal for a regulation Article 31 – paragraph 4

Text proposed by the Commission Amendment

4. In order to be vetted, researchers 4. In order to be vetted, researchers shall be affiliated with academic shall be affiliated with academic institutions, be independent from institutions or civil society organisations commercial interests, have proven records representing the public interest, be of expertise in the fields related to the risks independent from commercial interests, investigated or related research disclose the sources of funding financing methodologies, and shall commit and be in their research, have proven records of a capacity to preserve the specific data expertise in the fields related to the risks security and confidentiality requirements investigated or related research corresponding to each request. methodologies, and shall commit and be in

AM\1236861EN.docx 31/121 PE696.292v01-00 EN a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.

Or. en

Amendment 976 Stéphane Séjourné

Proposal for a regulation Article 31 – paragraph 4

Text proposed by the Commission Amendment

4. In order to be vetted, researchers 4. In order to be vetted, scientific shall be affiliated with academic researchers shall be affiliated with institutions, be independent from academic institutions, be independent from commercial interests, have proven records commercial interests and the very large of expertise in the fields related to the risks online platform it seeks data from or its investigated or related research competitors, have proven records of methodologies, and shall commit and be in expertise in the fields related to the risks a capacity to preserve the specific data investigated or related research security and confidentiality requirements methodologies, and shall commit and be in corresponding to each request. a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.

Or. en

Amendment 977 Tiemo Wölken, Evelyne Gebhardt, Franco Roberti, Christel Schaldemose, Brando Benifei

Proposal for a regulation Article 31 – paragraph 5

Text proposed by the Commission Amendment

5. The Commission shall, after 5. The Commission shall, after consulting the Board, adopt delegated acts consulting the Board, and no later than laying down the technical conditions under one year after entry into force of this which very large online platforms are to Regulation, adopt delegated acts laying share data pursuant to paragraphs 1 and 2 down the technical conditions under which and the purposes for which the data may be very large online platforms are to share used. Those delegated acts shall lay down data pursuant to paragraphs 1 and 2 and the

PE696.292v01-00 32/121 AM\1236861EN.docx EN the specific conditions under which such purposes for which the data may be used. sharing of data with vetted researchers can Those delegated acts shall lay down the take place in compliance with Regulation specific conditions under which such (EU) 2016/679, taking into account the sharing of data with vetted researchers can rights and interests of the very large online take place in compliance with Regulation platforms and the recipients of the service (EU) 2016/679, taking into account the concerned, including the protection of rights and interests of the very large online confidential information, in particular trade platforms and the recipients of the service secrets, and maintaining the security of concerned, including the protection of their service. confidential information, in particular trade secrets, and maintaining the security of their service.

Or. en

Amendment 978 Emmanuel Maurel

Proposal for a regulation Article 31 – paragraph 5

Text proposed by the Commission Amendment

5. The Commission shall, after 5. The Commission shall, after consulting the Board, adopt delegated acts consulting the Board, adopt delegated acts laying down the technical conditions under laying down the technical conditions under which very large online platforms are to which large online platforms are to share share data pursuant to paragraphs 1 and 2 data pursuant to paragraphs 1 and 2 and the and the purposes for which the data may be purposes for which the data may be used. used. Those delegated acts shall lay down Those delegated acts shall lay down the the specific conditions under which such specific conditions under which such sharing of data with vetted researchers can sharing of data with vetted researchers can take place in compliance with Regulation take place in compliance with Regulation (EU) 2016/679, taking into account the (EU) 2016/679, taking into account the rights and interests of the very large online rights and interests of the very large online platforms and the recipients of the service platforms and the recipients of the service concerned, including the protection of concerned, including the protection of confidential information, in particular trade confidential information, in particular trade secrets, and maintaining the security of secrets, and maintaining the security of their service. their service.

Or. fr

Amendment 979 Stéphane Séjourné

AM\1236861EN.docx 33/121 PE696.292v01-00 EN Proposal for a regulation Article 31 – paragraph 6 – introductory part

Text proposed by the Commission Amendment

6. Within 15 days following receipt of 6. Within 15 days following receipt of a request as referred to in paragraph 1 and a request as referred to in paragraph 1and 2, a very large online platform may request 2, a very large online platform may request the Digital Services Coordinator of the Digital Services Coordinator of establishment or the Commission, as establishment or the Commission, as applicable, to amend the request, where it applicable, to amend the request, where it considers that it is unable to give access to considers that it is unable to give access to the data requested because one of the data requested for the following following two reasons: reasons: (a) in case of request under paragraph 1, a very large online platform does not have and cannot obtain with reasonable effort access to the data; (b) in case of request under paragraph 2, a very large online platform does not have access to the data or providing access to the data will lead to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets.

Or. en

Amendment 980 Emmanuel Maurel

Proposal for a regulation Article 31 – paragraph 6 – introductory part

Text proposed by the Commission Amendment

6. Within 15 days following receipt of 6. Within 3 days following receipt of a request as referred to in paragraph 1 and a request as referred to in paragraph 1 and 2, a very large online platform may request 2, a large online platform may request the the Digital Services Coordinator of Digital Services Coordinator of establishment or the Commission, as establishment or the Commission, as applicable, to amend the request, where it applicable, to amend the request, where it considers that it is unable to give access to considers that it is unable to give access to the data requested because one of the data requested. following two reasons:

PE696.292v01-00 34/121 AM\1236861EN.docx EN Or. fr

Amendment 981 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 31 – paragraph 6 – introductory part

Text proposed by the Commission Amendment

Or. en

Amendment 982 Emmanuel Maurel

Proposal for a regulation Article 31 – paragraph 6 – point a

Text proposed by the Commission Amendment

(a) it does not have access to the data; deleted

Or. fr

Amendment 983 Stéphane Séjourné

Proposal for a regulation Article 31 – paragraph 6 – point a

Text proposed by the Commission Amendment

(a) it does not have access to the data; (a) in case of request under paragraph 1, a very large online platform does not

AM\1236861EN.docx 35/121 PE696.292v01-00 EN have and cannot obtain with reasonable effort access to the data;

Or. en

Amendment 984 Emmanuel Maurel

Proposal for a regulation Article 31 – paragraph 6 – point b

Text proposed by the Commission Amendment

(b) giving access to the data will lead deleted to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets.

Or. fr

Amendment 985 Stéphane Séjourné

Proposal for a regulation Article 31 – paragraph 6 – point b

Text proposed by the Commission Amendment

(b) giving access to the data will lead (b) in case of request under paragraph to significant vulnerabilities for the 2, a very large online platform does not security of its service or the protection of have access to the data or providing confidential information, in particular trade access to the data will lead to significant secrets. vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets.

Or. en

Amendment 986 Emmanuel Maurel

Proposal for a regulation

PE696.292v01-00 36/121 AM\1236861EN.docx EN Article 31 – paragraph 7

Text proposed by the Commission Amendment

7. Requests for amendment pursuant deleted to point (b) of paragraph 6 shall contain proposals for one or more alternative means through which access may be provided to the requested data or other data which are appropriate and sufficient for the purpose of the request. The Digital Services Coordinator of establishment or the Commission shall decide upon the request for amendment within 15 days and communicate to the very large online platform its decision and, where relevant, the amended request and the new time period to comply with the request.

Or. fr

Amendment 987 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 31 – paragraph 7 – subparagraph 1

Text proposed by the Commission Amendment

The Digital Services Coordinator of The interested Digital Services establishment or the Commission shall Coordinator or the Commission shall decide upon the request for amendment decide upon the request for amendment within 15 days and communicate to the within 15 days and communicate to the very large online platform its decision and, very large online platform its decision and, where relevant, the amended request and where relevant, the amended request and the new time period to comply with the the new time period to comply with the request. request.

Or. en

Amendment 988 Stéphane Séjourné

Proposal for a regulation

AM\1236861EN.docx 37/121 PE696.292v01-00 EN Article 31 – paragraph 7 a (new)

Text proposed by the Commission Amendment

7a. Upon completion of the research envisaged in Article 31(2), the vetted researchers shall make their research publicly available, taking into account the rights and interests of the recipients of the service concerned in compliance with Regulation (EU) 2019/679.

Or. en

Amendment 989 Stéphane Séjourné

Proposal for a regulation Article 31 – paragraph 7 b (new)

Text proposed by the Commission Amendment

7b. Digital Service Coordinators and the Commission shall, once a year, report the following information: (a) the number of requests made to them as referred to in paragraphs 1 and 2; (b) the number of such requests that have been declined by the Digital Service Coordinator or the Commission and the reasons for which they have been declined; (c) the number of such requests that have been declined by the Digital Service Coordinator or the Commission, including the reasons for which they have been declined, following a request to the Digital Service Coordinator or the Commission from a very large online platform to amend a request as referred to in paragraphs 1 and 2.

Or. en

PE696.292v01-00 38/121 AM\1236861EN.docx EN Amendment 990 Emmanuel Maurel

Proposal for a regulation Article 32 – paragraph 1

Text proposed by the Commission Amendment

1. Very large online platforms shall 1. Large online platforms shall appoint one or more compliance officers appoint one or more compliance officers responsible for monitoring their responsible for monitoring their compliance with this Regulation. compliance with this Regulation.

Or. fr

Amendment 991 Emmanuel Maurel

Proposal for a regulation Article 32 – paragraph 2

Text proposed by the Commission Amendment

2. Very large online platforms shall 2. Large online platforms shall only only designate as compliance officers designate as compliance officers persons persons who have the professional who have the professional qualifications, qualifications, knowledge, experience and knowledge, experience and ability ability necessary to fulfil the tasks referred necessary to fulfil the tasks referred to in to in paragraph 3. Compliance officers may paragraph 3. Compliance officers may either be staff members of, or fulfil those either be staff members of, or fulfil those tasks on the basis of a contract with, the tasks on the basis of a contract with, the very large online platform concerned. very large online platform concerned.

Or. fr

Amendment 992 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 32 – paragraph 3 – point a

Text proposed by the Commission Amendment

(a) cooperating with the Digital (a) cooperating with the Digital Services Coordinator of establishment and Services Coordinators and the

AM\1236861EN.docx 39/121 PE696.292v01-00 EN the Commission for the purpose of this Commission for the purpose of this Regulation; Regulation;

Or. en

Amendment 993 Emmanuel Maurel

Proposal for a regulation Article 32 – paragraph 4

Text proposed by the Commission Amendment

4. Very large online platforms shall 4. Large online platforms shall take take the necessary measures to ensure that the necessary measures to ensure that the the compliance officers can perform their compliance officers can perform their tasks tasks in an independent manner. in an independent manner.

Or. fr

Amendment 994 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 32 – paragraph 5

Text proposed by the Commission Amendment

5. Very large online platforms shall 5. Very large online platforms shall communicate the name and contact details make public the name and contact details of the compliance officer to the Digital of the compliance officer. Services Coordinator of establishment and the Commission.

Or. en

Amendment 995 Emmanuel Maurel

Proposal for a regulation Article 32 – paragraph 5

PE696.292v01-00 40/121 AM\1236861EN.docx EN Text proposed by the Commission Amendment

5. Very large online platforms shall 5. Large online platforms shall communicate the name and contact details communicate the name and contact details of the compliance officer to the Digital of the compliance officer to the Digital Services Coordinator of establishment and Services Coordinator of establishment and the Commission. the Commission.

Or. fr

Amendment 996 Emmanuel Maurel

Proposal for a regulation Article 32 – paragraph 6

Text proposed by the Commission Amendment

6. Very large online platforms shall 6. Large online platforms shall support the compliance officer in the support the compliance officer in the performance of his or her tasks and provide performance of his or her tasks and provide him or her with the resources necessary to him or her with the resources necessary to adequately carry out those tasks. The adequately carry out those tasks. The compliance officer shall directly report to compliance officer shall directly report to the highest management level of the the highest management level of the platform. platform.

Or. fr

Amendment 997 Emmanuel Maurel

Proposal for a regulation Article 33 – title

Text proposed by the Commission Amendment

Transparency reporting obligations for very Transparency reporting obligations for large online platforms large online platforms

Or. fr

Amendment 998

AM\1236861EN.docx 41/121 PE696.292v01-00 EN Emmanuel Maurel

Proposal for a regulation Article 33 – paragraph 1

Text proposed by the Commission Amendment

1. Very large online platforms shall 1. Large online platforms shall publish the reports referred to in Article 13 publish the reports referred to in Article 13 within six months from the date of within six months from the date of application referred to in Article 25(4), and application referred to in Article 25(4), and thereafter every six months. thereafter every six months.

Or. fr

Amendment 999 Emmanuel Maurel

Proposal for a regulation Article 33 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. In addition to the reports provided 2. In addition to the reports provided for in Article 13, very large online for in Article 13, large online platforms platforms shall make publicly available and shall make publicly available and transmit transmit to the Digital Services to the Digital Services Coordinator of Coordinator of establishment and the establishment and the Commission, at least Commission, at least once a year and once a year and within 30 days following within 30 days following the adoption of the adoption of the audit implementing the audit implementing report provided for report provided for in Article 28(4): in Article 28(4):

Or. fr

Amendment 1000 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 33 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. In addition to the reports provided 2. In addition to the reports provided for in Article 13, very large online for in Article 13, very large online

PE696.292v01-00 42/121 AM\1236861EN.docx EN platforms shall make publicly available and platforms shall make publicly available and transmit to the Digital Services transmit to the Digital Services Coordinator of establishment and the Coordinators and the Commission, at least Commission, at least once a year and once a year and within 30 days following within 30 days following the adoption of the adoption of the audit implementing the audit implementing report provided for report provided for in Article 28(4): in Article 28(4):

Or. en

Amendment 1001 Patrick Breyer

Proposal for a regulation Article 33 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) a report setting out the results of the (a) a report setting out the results of the risk assessment pursuant to Article 26; impact assessment pursuant to Article 26;

Or. en

Amendment 1002 Patrick Breyer

Proposal for a regulation Article 33 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) the related risk mitigation measures (b) the related mitigation measures identified and implemented pursuant to identified and implemented pursuant to Article 27; Article 27;

Or. en

Amendment 1003 Karen Melchior, Liesje Schreinemacher, Stéphane Séjourné

Proposal for a regulation Article 33 – paragraph 2 a (new)

AM\1236861EN.docx 43/121 PE696.292v01-00 EN Text proposed by the Commission Amendment

2a. The reports shall include content moderation broken down per Member State in which the services are offered and in the Union as a whole and shall be published in the official languages of the Member States of the Union.

Or. en

Amendment 1004 Emmanuel Maurel

Proposal for a regulation Article 33 – paragraph 3

Text proposed by the Commission Amendment

3. Where a very large online platform deleted considers that the publication of information pursuant to paragraph 2 might result in the disclosure of confidential information of that platform or of the recipients of the service, might cause significant vulnerabilities for the security of its service, might undermine public security or might harm recipients, the platform may remove such information from the reports. In that case, that platform shall transmit the complete reports to the Digital Services Coordinator of establishment and the Commission, accompanied by a statement of the reasons for removing the information from the public reports.

Or. fr

Amendment 1005 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 33 – paragraph 3

PE696.292v01-00 44/121 AM\1236861EN.docx EN Text proposed by the Commission Amendment

3. Where a very large online platform 3. Where a very large online platform considers that the publication of considers that the publication of information pursuant to paragraph 2 may information pursuant to paragraph 2 may result in the disclosure of confidential result in the disclosure of confidential information of that platform or of the information of that platform or of the recipients of the service, may cause recipients of the service, may cause significant vulnerabilities for the security significant vulnerabilities for the security of its service, may undermine public of its service, may undermine public security or may harm recipients, the security or may harm recipients, the platform may remove such information platform may remove such information from the reports. In that case, that platform from the reports. In that case, that platform shall transmit the complete reports to the shall transmit the complete reports to the Digital Services Coordinator of Digital Services Coordinators and the establishment and the Commission, Commission, accompanied by a statement accompanied by a statement of the reasons of the reasons for removing the for removing the information from the information from the public reports. public reports.

Or. en

Amendment 1006 Tiemo Wölken, Evelyne Gebhardt, Franco Roberti, Christel Schaldemose, Brando Benifei

Proposal for a regulation Article 33 a (new)

Text proposed by the Commission Amendment

Article 33a Interoperability 1. Very large online platforms shall offer interoperability of industry-standard features of their services to other online platforms by creating easily accessible application programming interfaces. 2. Very large online platforms may only temporarily limit access to interoperability features in case of provable abuse by a third-party provider or when justified by an immediate requirement to address a technical issue such as a serious security vulnerability.

AM\1236861EN.docx 45/121 PE696.292v01-00 EN 3. In accordance with Union legislation on standardisation, the Commission shall request European standardisation bodies to develop the necessary technical standards for interoperability such as protocol interoperability and data interoperability and portability. 4. The Commission shall be empowered to review the implementation of these obligations by very large online platforms, adopt implementing measures specifying the nature and scope of the obligations, and provide updateable definitions of industry-standard features where necessary. 5. This Article is without prejudice to any limitations and restrictions set out in Regulation (EU) 2016/679.

Or. en

Amendment 1007 Patrick Breyer

Proposal for a regulation Article 33 a (new)

Text proposed by the Commission Amendment

Article 33a Interoperability 1. By 31 December 2024 very large online platforms shall make the main functionalities of their services interoperable with other online platforms to enable cross-platform exchange of information. This obligation shall not limit, hinder or delay their ability to solve security issues. The cross-platform exchange of information shall require the informed consent of the recipients exchanging information. Online platforms shall not process information obtained for the purpose of cross-platform

PE696.292v01-00 46/121 AM\1236861EN.docx EN information exchange for other purposes. Very large online platforms shall publicly document all application programming interfaces they make available. 2. The Commission shall adopt implementing acts specifying the nature and scope of the obligations set out in paragraph 1. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 70.

Or. en

Justification

The concentration of power with a few large social media platforms means users have limited choice, particularly on issues of privacy, accessibility, and free expression. Some very large online platforms have been criticised for years for privacy breaches and violations of data protection law, for security flaws, error-prone upload-filtering and consumer-hostile terms and conditions. Yet many users do not have a real choice to switch to privacy-friendly and secure alternative platforms because they are locked in to the dominant platforms to be able to receive essential messages related to their work, education etc. When new platforms become popular this only creates a new lock-in situation. In order to overcome the lock-in effect of closed platforms and to ensure competition (including on data protection and security) and consumer choice, users of very large platforms shall be given the ability to access cross-platform interaction via open interfaces (interconnectivity). Parliament has advocated ensuring appropriate levels of interoperability for systemic operators (resolution 2020/2018(INL), par. 81) and called for a requirement for platforms with significant market power to provide an application programming interface, through which third-party platforms and their users can interoperate with the main functionalities and users of the platform (Annex to resolution 2020/2019(INL)). Among the main functionalities can be the ability to request information from certain accounts (subscriptions), to share provided content and react to it. The interoperability obligation does not prevent platforms from offering additional and new functions to their users.

Amendment 1008 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 34 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) electronic submission of notices by deleted trusted flaggers under Article 19, including through application

AM\1236861EN.docx 47/121 PE696.292v01-00 EN programming interfaces;

Or. en

Amendment 1009 Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal

Proposal for a regulation Article 34 – paragraph 1 – point f

Text proposed by the Commission Amendment

(f) transmission of data between deleted advertising intermediaries in support of transparency obligations pursuant to points (b) and (c) of Article 24.

Or. en

Amendment 1010 Karen Melchior, Liesje Schreinemacher, Hilde Vautmans, Stéphane Séjourné

Proposal for a regulation Article 34 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. The Commission shall support and promote the development and implementation of standards set by relevant European and international standardisation bodies, subject to transparent, multi-stakeholder and inclusive processes in line with Regulation (EU) 1025/2012, for the protection and promotion of the rights of the child, observance of which, once adopted will be mandatory for very large online platforms, at least for the following: (a) Age assurance and age verification; (b) Child impact assessments;

PE696.292v01-00 48/121 AM\1236861EN.docx EN (c) Child-centred and age-appropriate design; (d) Child-centred and age-appropriate terms and conditions.

Or. en

Amendment 1011 Tiemo Wölken, Evelyne Gebhardt, Franco Roberti, Christel Schaldemose

Proposal for a regulation Article 34 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Absence of agreement on voluntary industry standards shall not prevent the applicability or implementation of any measures outlined in this regulation.

Or. en

Amendment 1012 Emmanuel Maurel

Proposal for a regulation Article 35

Text proposed by the Commission Amendment

Article 35 deleted Codes of conduct 1. The Commission and the Board shall encourage and facilitate the drawing up of codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal content and systemic risks, in accordance with Union law, in particular on competition and the protection of personal data.

AM\1236861EN.docx 49/121 PE696.292v01-00 EN 2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes. 3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain. 4. The Commission and the Board shall assess whether the codes of conduct meet the aims specified in paragraphs 1 and 3, and shall regularly monitor and evaluate the achievement of their objectives. They shall publish their conclusions. 5. The Board shall regularly monitor and evaluate the achievement of the objectives of the codes of conduct, having regard to the key performance indicators that they may contain.

Or. fr

PE696.292v01-00 50/121 AM\1236861EN.docx EN Amendment 1013 Stéphane Séjourné

Proposal for a regulation Article 35 – paragraph 1

Text proposed by the Commission Amendment

1. The Commission and the Board 1. The Commission and the Board shall encourage and facilitate the drawing shall encourage and facilitate the drawing up of codes of conduct at Union level to up of codes of conduct at Union level to contribute to the proper application of this contribute to the proper application of this Regulation, taking into account in Regulation, taking into account in particular the specific challenges of particular the specific challenges of tackling different types of illegal content tackling different types of illegal content as and systemic risks, in accordance with defined in Union and national law and Union law, in particular on competition systemic risks, in accordance with Union and the protection of personal data. law, in particular on competition and the protection of personal data.

Or. en

Amendment 1014 Kosma Złotowski

Proposal for a regulation Article 35 – paragraph 1

Text proposed by the Commission Amendment

1. The Commission and the Board 1. The Commission and the Board shall encourage and facilitate the drawing shall have the right to request and up of codes of conduct at Union level to facilitate the drawing up of codes of contribute to the proper application of this conduct at Union level to contribute to the Regulation, taking into account in proper application of this Regulation, particular the specific challenges of taking into account in particular the tackling different types of illegal content specific challenges of tackling different and systemic risks, in accordance with types of illegal content and systemic risks, Union law, in particular on competition in accordance with Union law, in particular and the protection of personal data. on competition and the protection of personal data.

Or. en

AM\1236861EN.docx 51/121 PE696.292v01-00 EN Amendment 1015 Patrick Breyer

Proposal for a regulation Article 35 – paragraph 1

Text proposed by the Commission Amendment

1. The Commission and the Board 1. The Commission and the Board shall encourage and facilitate the drawing may facilitate the drawing up of voluntary up of codes of conduct at Union level to codes of conduct at Union level to contribute to the proper application of this contribute to the proper application of this Regulation, taking into account in Regulation, taking into account in particular the specific challenges of particular the specific challenges of tackling different types of illegal content tackling different types of illegal content and systemic risks, in accordance with and adverse impacts, in accordance with Union law, in particular on competition Union law, in particular on competition and the protection of personal data. and the protection of personal data.

Or. en

Justification

It is not the purpose of legislation to encourage non-legislative "soft law" which evades democratic and judicial scrutiny. The purpose of regulating "soft law" should be to ensure accountability and transparency where this instrument is used.

Amendment 1016 Axel Voss, Andrzej Halicki, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal, Daniel Buda

Proposal for a regulation Article 35 – paragraph 2

Text proposed by the Commission Amendment

2. Where significant systemic risk 2. Where significant systemic risk within the meaning of Article 26(1) emerge within the meaning of Article 26(1) in and concern several very large online relation to the dissemination of illegal platforms, the Commission may invite the content emerge and concern several very very large online platforms concerned, large online platforms, the Commission other very large online platforms, other may invite the very large online platforms online platforms and other providers of concerned, other very large online intermediary services, as appropriate, as platforms, other online platforms and other well as civil society organisations and providers of intermediary services, as other interested parties, to participate in the appropriate, as well as civil society

PE696.292v01-00 52/121 AM\1236861EN.docx EN drawing up of codes of conduct, including organisations and other interested parties, by setting out commitments to take specific to participate in the drawing up of codes of risk mitigation measures, as well as a conduct, including by setting out regular reporting framework on any commitments to take specific risk measures taken and their outcomes. mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.

Or. en

Amendment 1017 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 35 – paragraph 2

Text proposed by the Commission Amendment

2. Where significant systemic risk 2. Where significant systemic risk within the meaning of Article 26(1) emerge within the meaning of Article 26(1) emerge and concern several very large online and concern several very large online platforms, the Commission may invite the platforms, the Commission, in agreement very large online platforms concerned, with the Board, may invite the very large other very large online platforms, other online platforms concerned, other very online platforms and other providers of large online platforms, other online intermediary services, as appropriate, as platforms and other providers of well as civil society organisations and intermediary services, as appropriate, as other interested parties, to participate in the well as civil society organisations and drawing up of codes of conduct, including other interested parties, to participate in the by setting out commitments to take specific drawing up of codes of conduct, including risk mitigation measures, as well as a by setting out commitments to take specific regular reporting framework on any risk mitigation measures, as well as a measures taken and their outcomes. regular reporting framework on any measures taken and their outcomes.

Or. en

Amendment 1018 Kosma Złotowski

Proposal for a regulation Article 35 – paragraph 2

Text proposed by the Commission Amendment

AM\1236861EN.docx 53/121 PE696.292v01-00 EN 2. Where significant systemic risk 2. Where significant systemic risk within the meaning of Article 26(1) emerge within the meaning of Article 26(1) emerge and concern several very large online and concern several very large online platforms, the Commission may invite the platforms, the Commission shall request very large online platforms concerned, the very large online platforms concerned, other very large online platforms, other other very large online platforms, other online platforms and other providers of online platforms and other providers of intermediary services, as appropriate, as intermediary services, as appropriate, as well as civil society organisations and well as civil society organisations and other interested parties, to participate in the other interested parties, to participate in the drawing up of codes of conduct, including drawing up of codes of conduct, including by setting out commitments to take specific by setting out commitments to take specific risk mitigation measures, as well as a risk mitigation measures, as well as a regular reporting framework on any regular reporting framework on any measures taken and their outcomes. measures taken and their outcomes.

Or. en

Amendment 1019 Axel Voss, Andrzej Halicki, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal

Proposal for a regulation Article 35 – paragraph 2

Text proposed by the Commission Amendment

2. Where significant systemic risk 2. Where significant systemic risk within the meaning of Article 26(1) emerge within the meaning of Article 26(1) emerge and concern several very large online and concern several very large online platforms, the Commission may invite the platforms, the Commission may invite the very large online platforms concerned, very large online platforms concerned, other very large online platforms, other other very large online platforms, other online platforms and other providers of online platforms and other providers of intermediary services, as appropriate, as intermediary services, as appropriate, as well as civil society organisations and well as civil society organisations and other interested parties, to participate in other relevant stakeholders, to participate the drawing up of codes of conduct, in the drawing up of codes of conduct, including by setting out commitments to including by setting out commitments to take specific risk mitigation measures, as take specific risk mitigation measures, as well as a regular reporting framework on well as a regular reporting framework on any measures taken and their outcomes. any measures taken and their outcomes.

Or. en

PE696.292v01-00 54/121 AM\1236861EN.docx EN Amendment 1020 Patrick Breyer

Proposal for a regulation Article 35 – paragraph 2

Text proposed by the Commission Amendment

2. Where significant systemic risk 2. Where significant adverse impacts within the meaning of Article 26(1) emerge within the meaning of Article 26(1) emerge and concern several very large online and concern several very large online platforms, the Commission may invite the platforms, the Commission may invite the very large online platforms concerned, very large online platforms concerned, other very large online platforms, other other very large online platforms, other online platforms and other providers of online platforms and other providers of intermediary services, as appropriate, as intermediary services, as appropriate, as well as civil society organisations and well as civil society organisations and other interested parties, to participate in the other interested parties, to participate in the drawing up of codes of conduct, including drawing up of codes of conduct, including by setting out commitments to take specific by setting out commitments to take specific risk mitigation measures, as well as a risk mitigation measures, as well as a regular reporting framework on any regular reporting framework on any measures taken and their outcomes. measures taken and their outcomes.

Or. en

Amendment 1021 Stéphane Séjourné

Proposal for a regulation Article 35 – paragraph 2

Text proposed by the Commission Amendment

2. Where significant systemic risk 2. Where systemic risk within the within the meaning of Article 26(1) emerge meaning of Article 26(1) emerge and and concern several very large online concern several very large online platforms, the Commission may invite the platforms, the Commission shall invite the very large online platforms concerned, very large online platforms concerned, other very large online platforms, other other very large online platforms, other online platforms and other providers of online platforms and other providers of intermediary services, as appropriate, as intermediary services, as appropriate, as well as civil society organisations and well as civil society organisations and other interested parties, to participate in the other interested parties, to participate in the drawing up of codes of conduct, including drawing up of codes of conduct, including by setting out commitments to take specific by setting out commitments to take specific risk mitigation measures, as well as a risk mitigation measures, as well as a

AM\1236861EN.docx 55/121 PE696.292v01-00 EN regular reporting framework on any regular reporting framework on any measures taken and their outcomes. measures taken and their outcomes.

Or. en

Amendment 1022 Patrick Breyer

Proposal for a regulation Article 35 – paragraph 3

Text proposed by the Commission Amendment

3. When giving effect to paragraphs deleted 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain.

Or. en

Justification

In view of the voluntary or only project-related structures of civil society organisations, they are generally financially not in a position to participate on a longer lasting basis. See proposed Article 37a (new)

Amendment 1023 Karen Melchior, Stéphane Séjourné

Proposal for a regulation Article 35 – paragraph 3

PE696.292v01-00 56/121 AM\1236861EN.docx EN Text proposed by the Commission Amendment

3. When giving effect to paragraphs 1 3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall and 2, the Commission and the Board shall aim to ensure that the codes of conduct ensure that the codes of conduct clearly set clearly set out their objectives, contain key out their objectives, contain a set of performance indicators to measure the harmonised key performance indicators to achievement of those objectives and take measure the achievement of those due account of the needs and interests of objectives and take due account of the all interested parties, including citizens, at needs and interests of all interested parties, Union level. The Commission and the including citizens, at Union level. The Board shall also aim to ensure that Commission and the Board shall also participants report regularly to the ensure that participants report regularly to Commission and their respective Digital the Commission and their respective Service Coordinators of establishment on Digital Service Coordinators of any any measures taken and their outcomes, as measures taken and their outcomes, as measured against the key performance measured against the key performance indicators that they contain. indicators that they contain in order to facilitate effective cross-platform monitoring

Or. en

Amendment 1024 Axel Voss, Andrzej Halicki, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal

Proposal for a regulation Article 35 – paragraph 3

Text proposed by the Commission Amendment

3. When giving effect to paragraphs 1 3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall and 2, the Commission and the Board shall aim to ensure that the codes of conduct aim to ensure that the codes of conduct clearly set out their objectives, contain key clearly set out their objectives in relation performance indicators to measure the to the dissemination of illegal content, achievement of those objectives and take contain key performance indicators to due account of the needs and interests of measure the achievement of those all interested parties, including citizens, at objectives and take due account of the Union level. The Commission and the needs and interests of the relevant Board shall also aim to ensure that stakeholders, including citizens, at Union participants report regularly to the level. The Commission and the Board shall Commission and their respective Digital also aim to ensure that participants report Service Coordinators of establishment on regularly to the Commission and their any measures taken and their outcomes, as respective Digital Service Coordinators of

AM\1236861EN.docx 57/121 PE696.292v01-00 EN measured against the key performance establishment on any measures taken and indicators that they contain. their outcomes, as measured against the key performance indicators that they contain.

Or. en

Amendment 1025 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 35 – paragraph 3

Text proposed by the Commission Amendment

3. When giving effect to paragraphs 1 3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall and 2, the Commission and the Board shall aim to ensure that the codes of conduct aim to ensure that the codes of conduct clearly set out their objectives, contain key clearly set out their objectives, contain key performance indicators to measure the performance indicators to measure the achievement of those objectives and take achievement of those objectives and take due account of the needs and interests of due account of the needs and interests of all interested parties, including citizens, at all interested parties, including citizens, at Union level. The Commission and the Union level. The Commission and the Board shall also aim to ensure that Board shall also aim to ensure that participants report regularly to the participants report regularly to the Commission and their respective Digital Commission and the Digital Service Service Coordinators of establishment on Coordinators on any measures taken and any measures taken and their outcomes, as their outcomes, as measured against the measured against the key performance key performance indicators that they indicators that they contain. contain.

Or. en

Amendment 1026 Karen Melchior, Stéphane Séjourné

Proposal for a regulation Article 35 – paragraph 4

Text proposed by the Commission Amendment

4. The Commission and the Board 4. The Commission and the Board shall assess whether the codes of conduct shall assess whether the codes of conduct meet the aims specified in paragraphs 1 meet the aims specified in paragraphs 1

PE696.292v01-00 58/121 AM\1236861EN.docx EN and 3, and shall regularly monitor and and 3, and shall regularly monitor and evaluate the achievement of their evaluate the achievement of their objectives. They shall publish their objectives, and publish their conclusions. conclusions. Furthermore, they shall ensure that there is common alert mechanism managed at EU level to allow for real-time and coordinated responses.

Or. en

Amendment 1027 Patrick Breyer

Proposal for a regulation Article 35 – paragraph 4

Text proposed by the Commission Amendment

4. The Commission and the Board 4. The Commission and the Board shall assess whether the codes of conduct may assess whether the codes of conduct meet the aims specified in paragraphs 1 meet the aims specified in paragraphs 1 and 3, and shall regularly monitor and and 3, and may regularly monitor and evaluate the achievement of their evaluate the achievement of their objectives. They shall publish their objectives. They shall publish their conclusions. conclusions.

Or. en

Amendment 1028 Stéphane Séjourné

Proposal for a regulation Article 35 – paragraph 5

Text proposed by the Commission Amendment

5. The Board shall regularly monitor 5. The Board shall regularly monitor and evaluate the achievement of the and evaluate the achievement of the objectives of the codes of conduct, having objectives of the codes of conduct, having regard to the key performance indicators regard to the key performance indicators that they may contain. that they may contain. In case of systematic and repetitive failure to comply with the Codes of Conduct, the Board shall as a measure of last resort take a decision to temporary suspend or

AM\1236861EN.docx 59/121 PE696.292v01-00 EN definitely exclude platforms that do not meet their commitments as a signatory to the Codes of Conduct.

Or. en

Amendment 1029 Patrick Breyer

Proposal for a regulation Article 35 – paragraph 5

Text proposed by the Commission Amendment

5. The Board shall regularly monitor 5. The Board may regularly monitor and evaluate the achievement of the and evaluate the achievement of the objectives of the codes of conduct, having objectives of the codes of conduct, having regard to the key performance indicators regard to the key performance indicators that they may contain. that they may contain.

Or. en

Amendment 1030 Emmanuel Maurel

Proposal for a regulation Article 36

Text proposed by the Commission Amendment

Article 36 deleted Codes of conduct for online advertising 1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency in online advertising beyond the requirements of Articles 24 and 30.

PE696.292v01-00 60/121 AM\1236861EN.docx EN 2. The Commission shall aim to ensure that the codes of conduct pursue an effective transmission of information, in full respect for the rights and interests of all parties involved, and a competitive, transparent and fair environment in online advertising, in accordance with Union and national law, in particular on competition and the protection of personal data. The Commission shall aim to ensure that the codes of conduct address at least: (a) the transmission of information held by providers of online advertising intermediaries to recipients of the service with regard to requirements set in points (b) and (c) of Article 24; (b) the transmission of information held by providers of online advertising intermediaries to the repositories pursuant to Article 30. 3. The Commission shall encourage the development of the codes of conduct within one year following the date of application of this Regulation and their application no later than six months after that date.

Or. fr

Amendment 1031 Raffaele Stancanelli

Proposal for a regulation Article 36 – paragraph 1

Text proposed by the Commission Amendment

1. The Commission shall encourage 1. The Commission shall encourage and facilitate the drawing up of codes of and facilitate the drawing up of codes of conduct at Union level between, online conduct at Union level between, online platforms and other relevant service platforms and other relevant service providers, such as providers of online providers, such as providers of online advertising intermediary services or advertising intermediary services or organisations representing recipients of the organisations representing recipients of the service and civil society organisations or service and civil society organisations or relevant authorities to contribute to further relevant authorities to contribute to further

AM\1236861EN.docx 61/121 PE696.292v01-00 EN transparency in online advertising beyond transparency in online advertising beyond the requirements of Articles 24 and 30. the requirements of Articles 24 and 30, but also to further transparency between all the players involved in the programmatic advertising value chain.

Or. en

Justification

Setting up a common/unique identifier would provide for additional transparency in the online advertising value-chain and enhance the traceability of advertising campaigns.

Amendment 1032 Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal

Proposal for a regulation Article 36 – paragraph 1

Text proposed by the Commission Amendment

Or. en

Amendment 1033 Patrick Breyer

Proposal for a regulation Article 36 – paragraph 1

Text proposed by the Commission Amendment

PE696.292v01-00 62/121 AM\1236861EN.docx EN 1. The Commission shall encourage 1. The Commission may facilitate the and facilitate the drawing up of codes of drawing up of voluntary codes of conduct conduct at Union level between, online at Union level between, online platforms platforms and other relevant service and other relevant service providers, such providers, such as providers of online as providers of online advertising advertising intermediary services or intermediary services or organisations organisations representing recipients of the representing recipients of the service and service and civil society organisations or civil society organisations or relevant relevant authorities to contribute to further authorities to contribute to further transparency in online advertising beyond transparency in online advertising beyond the requirements of Articles 24 and 30. the requirements of Articles 24 and 30.

Or. en

Amendment 1034 Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal

Proposal for a regulation Article 36 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The Commission shall aim to 2. The Commission shall aim to ensure that the codes of conduct pursue an ensure that the codes of conduct pursue an effective transmission of information, in effective transmission of information, in full respect for the rights and interests of full respect for the rights and interests of all parties involved, and a competitive, all parties involved, and a competitive, transparent and fair environment in online transparent and fair environment in online advertising, in accordance with Union and advertising, in accordance with Union and national law, in particular on competition national law, in particular on competition and the protection of personal data. The and the protection of personal data. The Commission shall aim to ensure that the Commission shall aim to ensure that the codes of conduct address at least: codes of conduct address at least the transmission of information held by providers of online advertising intermediaries to the repositories pursuant to Article 30.

Or. en

Amendment 1035 Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal

AM\1236861EN.docx 63/121 PE696.292v01-00 EN Proposal for a regulation Article 36 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) the transmission of information deleted held by providers of online advertising intermediaries to recipients of the service with regard to requirements set in points (b) and (c) of Article 24;

Or. en

Amendment 1036 Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal, Daniel Buda

Proposal for a regulation Article 36 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) the transmission of information deleted held by providers of online advertising intermediaries to the repositories pursuant to Article 30.

Or. en

Amendment 1037 Raffaele Stancanelli

Proposal for a regulation Article 36 – paragraph 2 – point b a (new)

Text proposed by the Commission Amendment

(ba) the set-up of a common/unique identifier constituted by multiple elements (such as the advertiser identifier and references to the brand of the campaign, its product, and the reference of the purchase) which enables advertisers and publishers to identify and track a

PE696.292v01-00 64/121 AM\1236861EN.docx EN campaign throughout its lifecycle.

Or. en

Justification

Setting up a common/unique identifier would provide for additional transparency in the online advertising value-chain and enhance the traceability of advertising campaigns.

Amendment 1038 Karen Melchior, Stéphane Séjourné

Proposal for a regulation Article 36 – paragraph 2 – point b a (new)

Text proposed by the Commission Amendment

(ba) the setting-up of unique identifier that will enable advertisers and publishers to identify and track a campaign throughout its lifecycle.

Or. en

Amendment 1039 Patrick Breyer

Proposal for a regulation Article 36 – paragraph 3

Text proposed by the Commission Amendment

3. The Commission shall encourage deleted the development of the codes of conduct within one year following the date of application of this Regulation and their application no later than six months after that date.

Or. en

Amendment 1040 Stéphane Séjourné

AM\1236861EN.docx 65/121 PE696.292v01-00 EN Proposal for a regulation Article 36 – paragraph 3

Text proposed by the Commission Amendment

3. The Commission shall encourage 3. The Commission shall encourage the development of the codes of conduct the development of the codes of conduct within one year following the date of within one year following the date of application of this Regulation and their application of this Regulation and their application no later than six months after application no later than six months after that date. that date. The Commission shall evaluate the application of those Codes two years after the application of this Regulation.

Or. en

Amendment 1041 Stéphane Séjourné

Proposal for a regulation Article 36 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. The Commission shall encourage all the players in the online advertising value chain to endorse and comply with the commitments stated in the codes of conduct.

Or. en

Amendment 1042 Karen Melchior, Liesje Schreinemacher, Hilde Vautmans, Stéphane Séjourné

Proposal for a regulation Article 36 a (new)

Text proposed by the Commission Amendment

Article 36a Codes of conduct for the protection of minors

PE696.292v01-00 66/121 AM\1236861EN.docx EN 1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between online platforms and other relevant services providers and organisations representing minors, parents and civil society organisations or relevant authorities to further contribute to the protection of minors on online. 2. The Commission shall aim to ensure that the codes of conduct pursue an effective protection of minors online, which respects their right as enshrined in Article 24 of the Charter and the UN Convention on the Rights of the Child, and detailed in the United Nations Committee on the Rights of the Child General comment No. 25 as regards the digital environment. The Commission shall aim to ensure that the codes of conduct address at least: (a) Age verification and age assurance models, taking into account the industry standards referred to in article 34. (b) Child-centred and age-appropriate design, taking into account the industry standards referred to in article 34. 3. The Commission shall encourage the development of the codes of conduct within one year following the date of application of this Regulation and their application no later than six months after that date.

Or. en

Amendment 1043 Emmanuel Maurel

Proposal for a regulation Article 37

Text proposed by the Commission Amendment

AM\1236861EN.docx 67/121 PE696.292v01-00 EN [...] deleted

Or. fr

Amendment 1044 Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal

Proposal for a regulation Article 37

Text proposed by the Commission Amendment

[...] deleted

Or. en

Amendment 1045 Patrick Breyer

Proposal for a regulation Article 37 – paragraph 1

Text proposed by the Commission Amendment

1. The Board may recommend the 1. The Board may recommend the Commission to initiate the drawing up, in Commission to initiate the drawing up, in accordance with paragraphs 2, 3 and 4, of accordance with paragraphs 2, 3 and 4, of crisis protocols for addressing crisis voluntary crisis protocols for addressing situations strictly limited to extraordinary crisis situations strictly limited to circumstances affecting public security or extraordinary circumstances affecting public health. public security or public health.

Or. en

Amendment 1046 Patrick Breyer

Proposal for a regulation Article 37 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

PE696.292v01-00 68/121 AM\1236861EN.docx EN 2. The Commission shall encourage 2. The Commission may encourage and facilitate very large online platforms and facilitate very large online platforms and, where appropriate, other online and, where appropriate, other online platforms, with the involvement of the platforms, with the involvement of the Commission, to participate in the drawing Commission, to participate in the drawing up, testing and application of those crisis up, testing and application of those crisis protocols, which include one or more of protocols, which include one or more of the following measures: the following measures:

Or. en

Amendment 1047 Patrick Breyer

Proposal for a regulation Article 37 – paragraph 3

Text proposed by the Commission Amendment

3. The Commission may involve, as 3. The Commission may involve, as appropriate, Member States’ authorities appropriate, Member States’ authorities and Union bodies, offices and agencies in and Union bodies, offices and agencies in drawing up, testing and supervising the drawing up, testing and supervising the application of the crisis protocols. The application of the crisis protocols. Commission may, where necessary and appropriate, also involve civil society organisations or other relevant organisations in drawing up the crisis protocols.

Or. en

Justification

See proposed Article 37a (new).

Amendment 1048 Patrick Breyer

Proposal for a regulation Article 37 a (new)

Text proposed by the Commission Amendment

Article 37a

AM\1236861EN.docx 69/121 PE696.292v01-00 EN Accountability and transparency 1. Before initiating or facilitating the negotiation or the revision of codes of conduct, the Commission shall (a) consider the appropriateness of proposing legislation; (b) publish the elements of the code which it could propose or advocate; (c) invite the European Parliament, the Council, the Fundamental Rights Agency, the public and, where relevant, the European Data Protection Supervisor to express their opinion and publish their opinions; (d) conduct a Fundamental Rights Impact Assessment and publish the findings. 2. The Commission shall subsequently publish the elements of the envisaged code which it intends to propose or advocate in the negotiations. It shall not propose or advocate elements which the European Parliament or the Council object to or which have not been subject to the process set out in paragraph 1. 3. The Commission shall allow representatives of non-governmental organisations which advocate the interests of the recipients of relevant services, the European Parliament, the Council and the Fundamental Rights Agency to observe the negotiations and to have access to all documents pertaining to them. The Commission shall offer compensation to non-profit participants. 4. The Commission shall publish codes of conduct and their parties and keep the information updated. 5. This Article shall apply, mutatis mutandis, to crisis protocols.

Or. en

PE696.292v01-00 70/121 AM\1236861EN.docx EN Justification

As regards the proposal where the Commission shall offer compensation to non-profit participants (paragraph 3): In view of the voluntary or only project-related structures of civil society organisations, they are generally financially not in a position to participate on a longer lasting basis.

Amendment 1049 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 38 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. Member States shall ensure that their Digital Services Coordinators are informed by the relevant national, local and regional authorities on the diversity of platform sectors and issues covered by this Regulation;

Or. en

Amendment 1050 Karen Melchior

Proposal for a regulation Article 38 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4a. Member States shall ensure that the competent authorities have adequate financial and human resources, as well as legal and technical expertise to fulfil their tasks under this Regulation.

Or. en

Amendment 1051 Tiemo Wölken, Evelyne Gebhardt, Franco Roberti

Proposal for a regulation

AM\1236861EN.docx 71/121 PE696.292v01-00 EN Article 39 – paragraph 3

Text proposed by the Commission Amendment

3. Paragraph 2 is without prejudice to 3. Paragraph 2 is without prejudice to the tasks of Digital Services Coordinators the tasks of Digital Services Coordinators within the system of supervision and within the system of supervision and enforcement provided for in this enforcement provided for in this Regulation and the cooperation with other Regulation and the cooperation with other competent authorities in accordance with competent authorities in accordance with Article 38(2). Paragraph 2 shall not prevent Article 38(2). Paragraph 2 shall not prevent supervision of the authorities concerned in supervision of the authorities concerned in accordance with national constitutional accordance with national constitutional law law. or the allocation of additional powers under other applicable law.

Or. en

Amendment 1052 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 40 – paragraph 1

Text proposed by the Commission Amendment

1. The Member State in which the 1. The Member State in which the main establishment of the provider of main establishment of the provider of intermediary services is located shall have intermediary services is located shall have jurisdiction for the purposes of Chapters III jurisdiction for the purposes of Chapters III and IV of this Regulation. and IV of this Regulation. With regard to very large online platforms that offer services in the Union, Member States where individuals or representative organisations received their services shall have jurisdiction.

Or. en

Amendment 1053 Karen Melchior, Stéphane Séjourné

PE696.292v01-00 72/121 AM\1236861EN.docx EN Proposal for a regulation Article 40 – paragraph 1

Text proposed by the Commission Amendment

1. The Member State in which the 1. The Member State in which the main establishment of the provider of main establishment of the provider of intermediary services is located shall have intermediary services is located shall have jurisdiction for the purposes of Chapters III jurisdiction for the purposes of Chapters III and IV of this Regulation. and IV of this Regulation and final jurisdiction as to disputes on orders issued under Article 8 and 9.

Or. en

Amendment 1054 Stéphane Séjourné

Proposal for a regulation Article 40 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. By way of derogation from paragraph 1, the Member State in which the consumers have their residence shall have jurisdiction for the purposes of Articles 22, 22a and 22b of this Regulation and the Member State in which the authority issuing the order is situated shall have jurisdiction for the purposes of Articles 8 and 9 of this Regulation.

Or. en

Amendment 1055 Kosma Złotowski

Proposal for a regulation Article 40 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. Member States shall have

AM\1236861EN.docx 73/121 PE696.292v01-00 EN jurisdiction for the purposes of Chapters III and IV of this Regulation where providers online social networking services designated as very large online platforms are concerned, as defined in Article 25 and which offer services to a significant number of active end users of the service in a given Member State which can be calculated on the basis of Article 23(2).

Or. en

Amendment 1056 Stéphane Séjourné

Proposal for a regulation Article 40 – paragraph 4

Text proposed by the Commission Amendment

4. Paragraphs 1, 2 and 3 are without 4. Paragraphs 1, 1a, 2 and 3 are prejudice to the second subparagraph of without prejudice to Article 43(2), the Article 50(4) and the second subparagraph second subparagraph of Article 50(4) and of Article 51(2) and the tasks and powers the second subparagraph of Article 51(2) of the Commission under Section 3. and the tasks and powers of the Commission under Section 3.

Or. en

Amendment 1057 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 40 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4a. The provisions of this article are without prejudice to the relevant consumer protection jurisdiction under the applicable Union and national law.

Or. en

PE696.292v01-00 74/121 AM\1236861EN.docx EN Amendment 1058 Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal, Daniel Buda

Proposal for a regulation Article 41 – paragraph 2 – point e

Text proposed by the Commission Amendment

(e) the power to adopt interim (e) the power to proportionate adopt measures to avoid the risk of serious harm. interim measures to avoid the risk of serious harm.

Or. en

Amendment 1059 Stéphane Séjourné

Proposal for a regulation Article 41 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. Following request to the Commission and in cases of infringements that persist, could cause serious harm to recipients of the service, or could seriously affect their fundamental rights, the Digital Services Coordinator of the country of destination may be entitled to additional powers in the framework of joint investigations as referred to in Article 46.

Or. en

Amendment 1060 Axel Voss, Andrzej Halicki, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal

Proposal for a regulation

AM\1236861EN.docx 75/121 PE696.292v01-00 EN Article 42 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall lay down the 1. Member States shall lay down the rules on penalties applicable to rules on penalties including administrative infringements of this Regulation by fines applicable to infringements of this providers of intermediary services under Regulation by providers of intermediary their jurisdiction and shall take all the services under their jurisdiction and shall necessary measures to ensure that they are take all the necessary measures to ensure implemented in accordance with Article that they are properly and effectively 41. implemented in accordance with Article 41.

Or. en

Amendment 1061 Axel Voss, Andrzej Halicki, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal, Daniel Buda

Proposal for a regulation Article 42 – paragraph 2

Text proposed by the Commission Amendment

2. Penalties shall be effective, 2. Penalties shall be effective, proportionate and dissuasive. Member proportionate and dissuasive. They shall States shall notify the Commission of those take into particular account the interest of rules and of those measures and shall small scale providers and start ups and notify it, without delay, of any subsequent their economic viability. Member States amendments affecting them. shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendments affecting them.

Or. en

Amendment 1062 Emmanuel Maurel

Proposal for a regulation Article 42 – paragraph 3

PE696.292v01-00 76/121 AM\1236861EN.docx EN Text proposed by the Commission Amendment

3. Member States shall ensure that the 3. Member States shall ensure that the maximum amount of penalties imposed for maximum amount of penalties imposed for a failure to comply with the obligations a failure to comply with the obligations laid down in this Regulation shall not laid down in this Regulation shall not exceed 6 % of the annual income or exceed 6% of the annual income or turnover of the provider of intermediary turnover of the provider of intermediary services concerned. Penalties for the services concerned. Penalties for the supply of incorrect, incomplete or supply of incorrect, incomplete or misleading information, failure to reply or misleading information, failure to reply or rectify incorrect, incomplete or misleading rectify incorrect, incomplete or misleading information and to submit to an on-site information and to submit to an on-site inspection shall not exceed 1 % of the inspection shall not exceed 1% of the annual income or turnover of the provider annual income or turnover of the provider concerned. concerned. If the offence is repeated, suspension and then prohibition of access to the European market must be considered.

Or. fr

Amendment 1063 Emmanuel Maurel

Proposal for a regulation Article 42 – paragraph 3

Text proposed by the Commission Amendment

3. Member States shall ensure that the 3. Member States shall ensure that the maximum amount of penalties imposed for amount of penalties imposed for a failure a failure to comply with the obligations to comply with the obligations laid down in laid down in this Regulation shall not this Regulation shall correspond to 10% of exceed 6 % of the annual income or the annual income or turnover of the turnover of the provider of intermediary provider of intermediary services services concerned. Penalties for the concerned. Penalties for the supply of supply of incorrect, incomplete or incorrect, incomplete or misleading misleading information, failure to reply or information, failure to reply or rectify rectify incorrect, incomplete or misleading incorrect, incomplete or misleading information and to submit to an on-site information and to submit to an on-site inspection shall not exceed 1% of the inspection shall not exceed 5% of the annual income or turnover of the provider annual income or turnover of the provider concerned. concerned.

Or. fr

AM\1236861EN.docx 77/121 PE696.292v01-00 EN Amendment 1064 Patrick Breyer

Proposal for a regulation Article 43 – title

Text proposed by the Commission Amendment

Right to lodge a complaint Right to lodge a complaint and right to an effective judicial remedy

Or. en

Amendment 1065 Emmanuel Maurel

Proposal for a regulation Article 43 – title

Text proposed by the Commission Amendment

Right to lodge a complaint Right to lodge a complaint and right to judicial remedy

Or. fr

Amendment 1066 Kosma Złotowski

Proposal for a regulation Article 43 – paragraph 1

Text proposed by the Commission Amendment

PE696.292v01-00 78/121 AM\1236861EN.docx EN Where the complaint falls under the Assessment of the complaint can be responsibility of another competent supplemented by the opinion of Digital authority in its Member State, the Digital Services Coordinator of the Member Service Coordinator receiving the State, where the recipient resides or is complaint shall transmit it to that authority. established, on how the matter should be resolved taking into account national law and socio-cultural context of a given Member State. Where the complaint falls under the responsibility of another competent authority in its Member State, the Digital Service Coordinator receiving the complaint shall transmit it to that authority.

Or. en

Amendment 1067 Emmanuel Maurel

Proposal for a regulation Article 43 – paragraph 1

Text proposed by the Commission Amendment

Recipients of the service shall have the Recipients of the service shall have the right to lodge a complaint against providers right to lodge a complaint against providers of intermediary services alleging an of intermediary services alleging an infringement of this Regulation with the infringement of this Regulation with the Digital Services Coordinator of the Digital Services Coordinator of the Member State where the recipient resides Member State where the recipient resides or is established. The Digital Services or is established or with any legal or Coordinator shall assess the complaint and, natural person with an interest in acting where appropriate, transmit it to the Digital as a trusted flagger. The Digital Services Services Coordinator of establishment. Coordinator shall assess the complaint and, Where the complaint falls under the where appropriate, transmit it to the Digital responsibility of another competent Services Coordinator of establishment. authority in its Member State, the Digital Where the complaint falls under the Service Coordinator receiving the responsibility of another competent complaint shall transmit it to that authority. authority in its Member State, the Digital Service Coordinator receiving the complaint shall transmit it to that authority and shall inform the person who submitted the complaint.

Or. fr

AM\1236861EN.docx 79/121 PE696.292v01-00 EN Amendment 1068 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 43 – paragraph 1

Text proposed by the Commission Amendment

Recipients of the service shall have the Recipients of the service shall have the right to lodge a complaint against providers right to lodge a complaint against providers of intermediary services alleging an of intermediary services alleging an infringement of this Regulation with the infringement of this Regulation with the Digital Services Coordinator of the Digital Services Coordinator of the Member State where the recipient resides Member State where the recipient resides or is established. The Digital Services or is established. The Digital Services Coordinator shall assess the complaint and, Coordinator shall assess the complaint and, where appropriate, transmit it to the Digital where appropriate and where providers are Services Coordinator of establishment. not qualified under Article 25, transmit it Where the complaint falls under the to the Digital Services Coordinator of responsibility of another competent establishment. Where the complaint falls authority in its Member State, the Digital under the responsibility of another Service Coordinator receiving the competent authority in its Member State, complaint shall transmit it to that authority. the Digital Service Coordinator receiving the complaint shall transmit it to that authority.

Or. en

Amendment 1069 Tiemo Wölken, Evelyne Gebhardt, Franco Roberti

Proposal for a regulation Article 43 – paragraph 1 a (new)

Text proposed by the Commission Amendment

Reporting persons within the meaning of Article 4 of Directive (EU) 2019/1937 shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this Regulation with the Digital Services Coordinator of the Member State where the reporting person resides. Such complaints shall be treated with priority by the Digital Services Coordinator and shall, where appropriate, be transmitted to

PE696.292v01-00 80/121 AM\1236861EN.docx EN the Digital Service Coordinator of the establishment of the provider of the intermediary service concerned.

Or. en

Amendment 1070 Kosma Złotowski

Proposal for a regulation Article 43 – paragraph 1 a (new)

Text proposed by the Commission Amendment

Pursuant to paragraph 1 of this Article, the Digital Services Coordinator of establishment, in cases concerning a complaint transmitted by the Digital Services Coordinator of the Member State where the recipient resides or is established, shall assess the matter in a timely manner and shall inform the Digital Services Coordinator of the Member State where the recipient resides or is established, on how the complaint has been handled.

Or. en

Amendment 1071 Patrick Breyer

Proposal for a regulation Article 43 – paragraph 1 a (new)

Text proposed by the Commission Amendment

Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of a Digital Services Coordinator concerning them.

AM\1236861EN.docx 81/121 PE696.292v01-00 EN Or. en

Justification

Subject to discussion on JURI competences. A person concerned by a binding decision of a Digital Services Coordinator should have the right to judicial remedy. The same should apply where a complaint is not acted upon. The proposed text is inspired by Article 78 GDPR.

Amendment 1072 Stéphane Séjourné

Proposal for a regulation Article 43 – paragraph 1 a (new)

Text proposed by the Commission Amendment

Where the complaint concerns an alleged harm upon the recipients of the service, the Member State where the recipient resides shall have jurisdiction for the purposes of the complaint.

Or. en

Amendment 1073 Patrick Breyer

Proposal for a regulation Article 43 – paragraph 1 b (new)

Text proposed by the Commission Amendment

Without prejudice to any other administrative or non-judicial remedy, each recipient shall have the right to an effective judicial remedy where the competent Digital Services Coordinator does not handle a complaint or does not inform the recipient within three months on the progress or outcome of the complaint lodged pursuant to paragraph 1.

Or. en

PE696.292v01-00 82/121 AM\1236861EN.docx EN Justification

Amendment 1074 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Article 43 a (new)

Text proposed by the Commission Amendment

Article 43a Rights to effective judicial remedies 1. Without prejudice to any available administrative or non-judicial remedy, any recipient of the service or representative organisations shall have the right to an effective judicial remedy where he or she suffered harm as a result of an infringement of Articles 26(1) and 27(1). 2. In determining whether the very large online platform has complied with its obligations under Article 27(1), and in light of the principle of proportionality, the availability of suitable and effective measures shall be taken into account. 3. Such proceedings may be brought before the courts of the Member State where the recipient of the service has his or her habitual residence. 4. Without prejudice to any other administrative or non-judicial remedy, any recipients of the service or representative organisations shall have the right to an effective judicial remedy where the Digital Service Coordinator which is competent pursuant to Articles 40 and 43 does not handle a complaint or does not inform the recipient of the service within three months on the progress or outcome of the complaint

AM\1236861EN.docx 83/121 PE696.292v01-00 EN lodged pursuant to Article 43. Proceedings against a Digital Services Coordinator under paragraph 4 shall be brought before the courts of the Member State where the Digital Services Coordinator is established.

Or. en

Amendment 1075 Emmanuel Maurel

Proposal for a regulation Article 44 – paragraph 1

Text proposed by the Commission Amendment

1. Digital Services Coordinators shall 1. Digital Services Coordinators shall draw up an annual report on their activities draw up an annual report on their activities under this Regulation. They shall make the under this Regulation. They shall make the annual reports available to the public, and annual reports available to the public, and shall communicate them to the shall communicate them to the European Commission and to the Board. Parliament, to the Commission and to the Board.

Or. fr

Amendment 1076 Kosma Złotowski

Proposal for a regulation Article 44 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) the number and subject matter of (a) the number and subject matter of orders to act against illegal content and orders to act against illegal content and orders to provide information issued in orders to provide information, including at accordance with Articles 8 and 9 by any least information on the name of the national judicial or administrative authority issuing authority, the name of the of the Member State of the Digital Services provider and the type of action specified Coordinator concerned; in the order, issued in accordance with Articles 8, 8a and 9 by any national judicial or administrative authority of the Member State of the Digital Services

PE696.292v01-00 84/121 AM\1236861EN.docx EN Coordinator concerned;

Or. en

Amendment 1077 Patrick Breyer

Proposal for a regulation Article 44 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) the number and subject matter of (a) the number and subject matter of orders to act against illegal content and orders to act against illegal content and orders to provide information issued in orders to provide information issued in accordance with Articles 8 and 9 by any accordance with Articles 8 and 9 by any national judicial or administrative national judicial authority of the Member authority of the Member State of the State of the Digital Services Coordinator Digital Services Coordinator concerned; concerned;

Or. en

Amendment 1078 Kosma Złotowski

Proposal for a regulation Article 44 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Based on the information published by Digital Services Coordinators, the Commission shall submit to the European Parliament and to the Council a dedicated biennial report analysing the aggregated data on orders referred to in Articles 8, 8a and 9 and issued by the Digital Services Coordinators, with a special attention being paid to potential abusive use of these Articles. The report shall provide a comprehensive overview of the orders to act against illegal content and it shall provide, for a specific period of time, the possibility to assess the activities of Digital

AM\1236861EN.docx 85/121 PE696.292v01-00 EN Services Coordinators.

Or. en

Amendment 1079 Kosma Złotowski

Proposal for a regulation Article 44 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. The Commission shall adopt implementing acts to lay down templates concerning the form, content and other details of reports pursuant to paragraph 1. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 4 of Regulation (EU) No 182/2011.

Or. en

Amendment 1080 Stéphane Séjourné

Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Where the Board has reasons to suspect Where the Board has reasons to suspect that a provider of intermediary services that a provider of intermediary services infringed this Regulation in a manner infringed this Regulation in a manner involving at least three Member States, it involving at least three Member States, it may recommend the Digital Services shall request the Digital Services Coordinator of establishment to assess the Coordinator of establishment to assess the matter and take the necessary investigatory matter and take the necessary investigatory and enforcement measures to ensure and enforcement measures to ensure compliance with this Regulation. compliance with this Regulation.

Or. en

PE696.292v01-00 86/121 AM\1236861EN.docx EN Amendment 1081 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Where the Board has reasons to suspect Where the Board has reasons to suspect that a provider of intermediary services that a provider of intermediary services infringed this Regulation in a manner infringed this Regulation in a manner involving at least three Member States, it involving at least three Member States, it may recommend the Digital Services may recommend the interested Digital Coordinator of establishment to assess the Services Coordinators to assess the matter matter and take the necessary investigatory and take the necessary investigatory and and enforcement measures to ensure enforcement measures to ensure compliance with this Regulation. compliance with this Regulation.

Or. en

Amendment 1082 Kosma Złotowski

Proposal for a regulation Article 45 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. A request or recommendation pursuant to paragraph 1 of this Article shall not preclude the possibility of Digital Services Coordinator of the Member State where the recipient of the service resides or is established, to be able to carry out its own investigation concerning a suspected infringement of this Regulation by a provider of an intermediary service.

Or. en

Amendment 1083 Stéphane Séjourné

Proposal for a regulation Article 45 – paragraph 2 – introductory part

AM\1236861EN.docx 87/121 PE696.292v01-00 EN Text proposed by the Commission Amendment

2. A request or recommendation 2. A request pursuant to paragraph 1 pursuant to paragraph 1 shall at least shall at least indicate: indicate:

Or. en

Amendment 1084 Raffaele Stancanelli

Proposal for a regulation Article 45 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Member States shall introduce expedited procedures under which an order granted by a court or competent administrative authority in another Member State against a provider of intermediary services whose services are used to disseminate illegal content, can be used as a basis for court or administrative order in the Member State against similar providers of intermediary services whose service are used to disseminate the same illegal content. National Digital Services Coordinators shall make public decisions by judicial or administrative authorities provided to them by other Digital Services Coordinators under Article 8 of this Regulation.

Or. en

Justification

National Courts or competent administrative authorities should accept as prima facie evidence decisions from other Member States which establish that it is lawful and proportionate to order providers of intermediary services to disable access from recipient of their services to websites that disseminate illegal goods, digital content, or services. Following receipt of copies of such orders from other Member States, Digital Services Coordinators should provide assistance in such processes

PE696.292v01-00 88/121 AM\1236861EN.docx EN Amendment 1085 Kosma Złotowski

Proposal for a regulation Article 45 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. A recommendation pursuant to paragraphs 1 and 2 of this Article may additionally indicate: (a) an opinion on matters that involve taking into account national law and socio-cultural context; and (b) a draft decision based on investigation pursuant to paragraph 1a of this Article.

Or. en

Amendment 1086 Stéphane Séjourné

Proposal for a regulation Article 45 – paragraph 3

Text proposed by the Commission Amendment

3. The Digital Services Coordinator of 3. The Digital Services Coordinator of establishment shall take into utmost establishment shall take into utmost account the request or recommendation account the request pursuant to paragraph 1 pursuant to paragraph 1. Where it considers and assess the matter in view of taking that it has insufficient information to act specific investigatory or enforcement upon the request or recommendation and measures to ensure compliance without has reasons to consider that the Digital undue delay. Where it considers that it has Services Coordinator that sent the request, insufficient information to act upon the or the Board, could provide additional request or recommendation and has reasons information, it may request such to consider that the Digital Services information. The time period laid down in Coordinator that sent the request, and to paragraph 4 shall be suspended until that the Board, could provide additional additional information is provided. information, it may request such information. The time period laid down in paragraph 4 shall be suspended until that additional information is provided.

Or. en

AM\1236861EN.docx 89/121 PE696.292v01-00 EN Amendment 1087 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 45 – paragraph 3

Text proposed by the Commission Amendment

3. The Digital Services Coordinator of 3. The interested Digital Services establishment shall take into utmost Coordinator (s) shall take into utmost account the request or recommendation account the request or recommendation pursuant to paragraph 1. Where it considers pursuant to paragraph 1. Where it considers that it has insufficient information to act that it has insufficient information to act upon the request or recommendation and upon the request or recommendation and has reasons to consider that the Digital has reasons to consider that the Digital Services Coordinator that sent the request, Services Coordinator that sent the request, or the Board, could provide additional or the Board, could provide additional information, it may request such information, it may request such information. The time period laid down in information. The time period laid down in paragraph 4 shall be suspended until that paragraph 4 shall be suspended until that additional information is provided. additional information is provided.

Or. en

Amendment 1088 Karen Melchior, Liesje Schreinemacher, Stéphane Séjourné

Proposal for a regulation Article 45 – paragraph 4

Text proposed by the Commission Amendment

4. The Digital Services Coordinator of 4. The Digital Services Coordinator of establishment shall, without undue delay establishment shall, without undue delay and in any event not later than two months and in any event not later than two months following receipt of the request or following receipt of the request or recommendation, communicate to the recommendation, communicate to the Digital Services Coordinator that sent the Digital Services Coordinator that sent the request, or the Board, its assessment of the request, or the Board, its assessment of the suspected infringement, or that of any other suspected infringement, or that of any other competent authority pursuant to national competent authority pursuant to national law where relevant, and an explanation of law where relevant, and an explanation of any investigatory or enforcement measures the result of the investigatory or taken or envisaged in relation thereto to enforcement measures taken or envisaged ensure compliance with this Regulation. in relation thereto to ensure compliance

PE696.292v01-00 90/121 AM\1236861EN.docx EN with this Regulation. The Digital Services Coordinator shall at least conduct a preliminary assessment of the issue raised.

Or. en

Amendment 1089 Stéphane Séjourné

Proposal for a regulation Article 45 – paragraph 4

Text proposed by the Commission Amendment

4. The Digital Services Coordinator of 4. The Digital Services Coordinator of establishment shall, without undue delay establishment shall, without undue delay and in any event not later than two months and in any event not later than two months following receipt of the request or following receipt of the request or recommendation, communicate to the recommendation, communicate to the Digital Services Coordinator that sent the Digital Services Coordinator that sent the request, or the Board, its assessment of the request, or the Board, its assessment of the suspected infringement, or that of any other suspected infringement, or that of any other competent authority pursuant to national competent authority pursuant to national law where relevant, and an explanation of law where relevant, an explanation of any any investigatory or enforcement measures investigatory or enforcement measures taken or envisaged in relation thereto to taken or envisaged in relation thereto and a ensure compliance with this Regulation. statement of reason in case of decision, following its investigation, not to take measures to ensure compliance with this Regulation.

Or. en

Amendment 1090 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 45 – paragraph 4

Text proposed by the Commission Amendment

4. The Digital Services Coordinator of 4. The interested Digital Services establishment shall, without undue delay Coordinator (s) shall, without undue delay and in any event not later than two months and in any event not later than two months

AM\1236861EN.docx 91/121 PE696.292v01-00 EN following receipt of the request or following receipt of the request or recommendation, communicate to the recommendation, communicate to the Digital Services Coordinator that sent the Digital Services Coordinator that sent the request, or the Board, its assessment of the request, or the Board, its assessment of the suspected infringement, or that of any other suspected infringement, or that of any other competent authority pursuant to national competent authority pursuant to national law where relevant, and an explanation of law where relevant, and an explanation of any investigatory or enforcement measures any investigatory or enforcement measures taken or envisaged in relation thereto to taken or envisaged in relation thereto to ensure compliance with this Regulation. ensure compliance with this Regulation.

Or. en

Amendment 1091 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 45 – paragraph 5

Text proposed by the Commission Amendment

5. Where the Digital Services 5. Where the Digital Services Coordinator that sent the request, or, where Coordinator that sent the request, or, where appropriate, the Board, did not receive a appropriate, the Board, did not receive a reply within the time period laid down in reply within the time period laid down in paragraph 4 or where it does not agree with paragraph 4 or where it does not agree with the assessment of the Digital Services the assessment of the requested Digital Coordinator of establishment, it may refer Services Coordinator(s), it may refer the the matter to the Commission, providing all matter to the Commission, providing all relevant information. That information relevant information. That information shall include at least the request or shall include at least the request or recommendation sent to the Digital recommendation sent, any additional Services Coordinator of establishment, information provided pursuant to any additional information provided paragraph 3 and the communication pursuant to paragraph 3 and the referred to in paragraph 4. communication referred to in paragraph 4.

Or. en

Amendment 1092 Stéphane Séjourné

Proposal for a regulation Article 45 – paragraph 5

PE696.292v01-00 92/121 AM\1236861EN.docx EN Text proposed by the Commission Amendment

5. Where the Digital Services 5. Where the Digital Services Coordinator that sent the request, or, where Coordinator that sent the request, or, where appropriate, the Board, did not receive a appropriate, the Board, did not receive a reply within the time period laid down in reply within the time period laid down in paragraph 4 or where it does not agree with paragraph 4 or where it does not agree with the assessment of the Digital Services the assessment of the Digital Services Coordinator of establishment, it may refer Coordinator of establishment, it may refer the matter to the Commission, providing all the matter to the Commission and the relevant information. That information Digital Services Coordinators, providing shall include at least the request or all relevant information. That information recommendation sent to the Digital shall include at least the request sent to the Services Coordinator of establishment, any Digital Services Coordinator of additional information provided pursuant establishment, any additional information to paragraph 3 and the communication provided pursuant to paragraph 3 and the referred to in paragraph 4. communication referred to in paragraph 4.

Or. en

Amendment 1093 Stéphane Séjourné

Proposal for a regulation Article 45 – paragraph 6

Text proposed by the Commission Amendment

6. The Commission shall assess the 6. The Commission , in cooperation matter within three months following the with the Digital Services Coordinators referral of the matter pursuant to paragraph shall assess the matter within three months 5, after having consulted the Digital following the referral of the matter Services Coordinator of establishment and, pursuant to paragraph 5, after having unless it referred the matter itself, the consulted the Digital Services Coordinator Board. of establishment and, unless it referred the matter itself, the Board.

Or. en

Amendment 1094 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 45 – paragraph 6

AM\1236861EN.docx 93/121 PE696.292v01-00 EN Text proposed by the Commission Amendment

6. The Commission shall assess the 6. The Commission shall assess the matter within three months following the matter within three months following the referral of the matter pursuant to paragraph referral of the matter pursuant to paragraph 5, after having consulted the Digital 5, after having consulted the interested Services Coordinator of establishment and, Digital Services Coordinator(s) and, unless unless it referred the matter itself, the it referred the matter itself, the Board. Board.

Or. en

Amendment 1095 Stéphane Séjourné

Proposal for a regulation Article 45 – paragraph 7

Text proposed by the Commission Amendment

7. Where, pursuant to paragraph 6, 7. 7. Where, pursuant to paragraph6, the Commission concludes that the the Commission in cooperation with the assessment or the investigatory or Digital Services Coordinators concludes enforcement measures taken or envisaged that the assessment or the investigatory or pursuant to paragraph 4 are incompatible enforcement measures taken or envisaged with this Regulation, it shall request the pursuant to paragraph 4 are incompatible Digital Service Coordinator of with this Regulation, it shall request the establishment to further assess the matter Digital Service Coordinator of and take the necessary investigatory or establishment to take the necessary enforcement measures to ensure investigatory or enforcement measures to compliance with this Regulation, and to ensure compliance with this Regulation, inform it about those measures taken and to inform it about those measures taken within two months from that request. within two months from that request. Where the Digital Services Coordinator of establishment fails to comply with the request to take the necessary measures before the end of the two months period, the Commission shall reallocate the case without delay to the Digital Services Coordinator initiating the request.

Or. en

Amendment 1096 Kosma Złotowski

PE696.292v01-00 94/121 AM\1236861EN.docx EN Proposal for a regulation Article 45 – paragraph 7

Text proposed by the Commission Amendment

7. Where, pursuant to paragraph 6, the 7. Where, pursuant to paragraph 6, the Commission concludes that the assessment Commission concludes that the assessment or the investigatory or enforcement or the investigatory or enforcement measures taken or envisaged pursuant to measures taken or envisaged pursuant to paragraph 4 are incompatible with this paragraph 4 are incompatible with this Regulation, it shall request the Digital Regulation, it shall request the Digital Service Coordinator of establishment to Service Coordinator of establishment to further assess the matter and take the further assess the matter and take the necessary investigatory or enforcement necessary investigatory or enforcement measures to ensure compliance with this measures to ensure compliance with this Regulation, and to inform it about those Regulation, and to inform it about those measures taken within two months from measures taken within two months from that request. that request. This information should be also transmitted to the Digital Services Coordinator or the Board that initiated the proceedings pursuant to paragraph 1.

Or. en

Amendment 1097 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 45 – paragraph 7

Text proposed by the Commission Amendment

7. Where, pursuant to paragraph 6, the 7. Where, pursuant to paragraph 6, the Commission concludes that the assessment Commission concludes that the assessment or the investigatory or enforcement or the investigatory or enforcement measures taken or envisaged pursuant to measures taken or envisaged pursuant to paragraph 4 are incompatible with this paragraph 4 are incompatible with this Regulation, it shall request the Digital Regulation, it shall request the Digital Service Coordinator of establishment to Service Coordinator(s) to further assess the further assess the matter and take the matter and take the necessary investigatory necessary investigatory or enforcement or enforcement measures to ensure measures to ensure compliance with this compliance with this Regulation, and to Regulation, and to inform it about those inform it about those measures taken measures taken within two months from within two months from that request. that request.

AM\1236861EN.docx 95/121 PE696.292v01-00 EN Or. en

Amendment 1098 Stéphane Séjourné

Proposal for a regulation Article 46 – title

Text proposed by the Commission Amendment

Joint investigations and requests for Joint investigations, cooperation among Commission intervention Digital Services Coordinators and requests for Commission intervention

Or. en

Amendment 1099 Stéphane Séjourné

Proposal for a regulation Article 46 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. Where Digital Services Coordinator of the country of destination considers that an alleged infringement exist and causes serious harm to a large number of recipients of the service in that Member States, or could seriously affect their fundamental rights, it may request to the Commission to set up joint investigations between Digital Services Coordinator of country of establishment and the requesting Digital Services Coordinator of country of destination.

Or. en

Amendment 1100 Stéphane Séjourné

Proposal for a regulation

PE696.292v01-00 96/121 AM\1236861EN.docx EN Article 46 – paragraph 1 b (new)

Text proposed by the Commission Amendment

1b. The Commission, in cooperation with the Digital Services Coordinators, shall assess such request and following positive opinion of the Board shall set up a joint investigation where the Digital Services Coordinator of the country of destination can be entitled to exercise the following additional powers with respect to the provider of intermediary services concerned by the alleged infringement: (a) to obtain access to the confidential version of the reports published by the intermediary service providers referred to in Article13 and where applicable in Articles 23 and 24, as well as to the annual reports drawn up by the other competent authorities pursuant to Article 44; (b) to obtain access to data collected by the Digital Services Coordinator of the country of establishment for the purpose of supervision of that provider on the territory of the Digital Services Coordinator of the country of destination; (c) to initiate proceedings and assess the matter in view of taking specific investigatory or enforcement measures to ensure compliance, where the suspected seriousness of the infringement would require immediate response that would not allow for the provisions of Article 45 to apply; (d) to request interim measures, as referred to in Article 41(2)(e);

Or. en

Amendment 1101 Stéphane Séjourné

Proposal for a regulation

AM\1236861EN.docx 97/121 PE696.292v01-00 EN Article 46 – paragraph 1 c (new)

Text proposed by the Commission Amendment

1c. The Commission decision setting up the joint investigation shall define a deadline by when Digital Services Coordinator of the country of establishment and Digital Services Coordinator launching the request pursuant to paragraph 2 shall agree on a common position on the joint investigation, and where applicable on the enforcement measures to be adopted. If no agreement is reached within this deadline, the case shall be referred to the Commission pursuant to Article 45(5).

Or. en

Amendment 1102 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 46 – paragraph 2

Text proposed by the Commission Amendment

2. Where a Digital Services 2. Where a Digital Services Coordinator of establishment has reasons Coordinator has reasons to suspect that a to suspect that a very large online platform very large online platform infringed this infringed this Regulation, it may request Regulation, it may request the Commission the Commission to take the necessary to take the necessary investigatory and investigatory and enforcement measures to enforcement measures to ensure ensure compliance with this Regulation in compliance with this Regulation in accordance with Section 3. Such a request accordance with Section 3. Such a request shall contain all information listed in shall contain all information listed in Article 45(2) and set out the reasons for Article 45(2) and set out the reasons for requesting the Commission to intervene. requesting the Commission to intervene.

Or. en

Amendment 1103 Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal, Pascal

PE696.292v01-00 98/121 AM\1236861EN.docx EN Arimont

Proposal for a regulation Article 47 – paragraph 2 – point a a (new)

Text proposed by the Commission Amendment

(aa) contributing to the effective application of Directive 2000/31/EC Article 3 to prevent fragmentation of the digital single market and the obligations of very large platforms of Article 5 of the Platform to Business Regulation 2019/1150

Or. en

Amendment 1104 Kosma Złotowski

Proposal for a regulation Article 48 – paragraph 6

Text proposed by the Commission Amendment

6. The Board shall adopt its rules of 6. The Board shall adopt its rules of procedure, following the consent of the procedure and inform the Commission Commission. thereof.

Or. en

Amendment 1105 Stéphane Séjourné

Proposal for a regulation Article 49 – paragraph 1 – point c a (new)

Text proposed by the Commission Amendment

(ca) issue specific recommendations for the implementation of Article 27 and advise on possible application of sanctions in case of repeated non-compliance;

Or. en

AM\1236861EN.docx 99/121 PE696.292v01-00 EN Amendment 1106 Kosma Złotowski

Proposal for a regulation Article 49 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) advise the Commission to take the (d) advise the Commission to take the measures referred to in Article 51 and, measures referred to in Article 51 and, where requested by the Commission, adopt opinions on issues concerning very adopt opinions on draft Commission large online platforms in accordance with measures concerning very large online this Regulation; platforms in accordance with this Regulation;

Or. en

Amendment 1107 Emmanuel Maurel

Proposal for a regulation Article 49 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) advise the Commission to take the (d) advise the Commission to take the measures referred to in Article 51 and, measures referred to in Article 51 and, where requested by the Commission, adopt where requested by the Commission, adopt opinions on draft Commission measures opinions on draft Commission measures concerning very large online platforms in concerning large online platforms in accordance with this Regulation; accordance with this Regulation;

Or. fr

Amendment 1108 Kosma Złotowski

Proposal for a regulation Article 49 – paragraph 1 – point e a (new)

Text proposed by the Commission Amendment

PE696.292v01-00 100/121 AM\1236861EN.docx EN (ea) issue opinions, recommendations or advice on matters related to Article 34.

Or. en

Amendment 1109 Emmanuel Maurel

Proposal for a regulation Chapter IV – Section 3 – title

Text proposed by the Commission Amendment

3 Supervision, investigation, 3 Supervision, investigation, enforcement and monitoring in respect of enforcement and monitoring in respect of very large online platforms large online platforms

Or. fr

Amendment 1110 Emmanuel Maurel

Proposal for a regulation Article 50 – title

Text proposed by the Commission Amendment

Enhanced supervision for very large online Enhanced supervision for large online platforms platforms

Or. fr

Amendment 1111 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 50 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Where the Digital Services 1. Where a Digital Services Coordinator of establishment adopts a Coordinator adopts a decision finding that decision finding that a very large online a very large online platform has infringed

AM\1236861EN.docx 101/121 PE696.292v01-00 EN platform has infringed any of the any of the provisions of Section 4 of provisions of Section 4 of Chapter III, it Chapter III, it shall make use of the shall make use of the enhanced supervision enhanced supervision system laid down in system laid down in this Article. It shall this Article. It shall take utmost account of take utmost account of any opinion and any opinion and recommendation of the recommendation of the Commission and Commission and the Board pursuant to this the Board pursuant to this Article. Article.

Or. en

Amendment 1112 Karen Melchior, Ivars Ijabs, Samira Rafaela, Hilde Vautmans, Michal Šimečka, Stéphane Séjourné

Proposal for a regulation Article 50 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

The Commission acting on its own The Commission acting on its own initiative, or the Board acting on its own initiative, or the Board acting on its own initiative or upon request of at least three initiative or upon request of at least three Digital Services Coordinators of Digital Services Coordinators of destination, may, where it has reasons to destination, shall, where it has reasons to suspect that a very large online platform suspect that a very large online platform infringed any of those provisions, infringed any of those provisions, recommend the Digital Services recommend the Digital Services Coordinator of establishment to investigate Coordinator of establishment to investigate the suspected infringement with a view to the suspected infringement with a view to that Digital Services Coordinator adopting that Digital Services Coordinator adopting such a decision within a reasonable time such a decision without undue delay and period. in any event within two months.

Or. en

Amendment 1113 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 50 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

The Commission acting on its own The Commission acting on its own initiative, or the Board acting on its own initiative, or the Board acting on its own

PE696.292v01-00 102/121 AM\1236861EN.docx EN initiative or upon request of at least three initiative or upon request of at least three Digital Services Coordinators of Digital Services Coordinators of destination, may, where it has reasons to destination, may, where it has reasons to suspect that a very large online platform suspect that a very large online platform infringed any of those provisions, infringed any of those provisions, recommend the Digital Services recommend to investigate the suspected Coordinator of establishment to infringement with a view to the interested investigate the suspected infringement with Digital Services Coordinator(s) adopting a view to that Digital Services Coordinator such a decision within a reasonable time adopting such a decision within a period. reasonable time period.

Or. en

Amendment 1114 Stéphane Séjourné

Proposal for a regulation Article 50 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Or. en

Amendment 1115 Emmanuel Maurel

Proposal for a regulation Article 50 – paragraph 2

AM\1236861EN.docx 103/121 PE696.292v01-00 EN Text proposed by the Commission Amendment

2. When communicating the decision 2. When communicating the decision referred to in the first subparagraph of referred to in the first subparagraph of paragraph 1 to the very large online paragraph 1 to the very large online platform concerned, the Digital Services platform concerned, the Digital Services Coordinator of establishment shall request Coordinator of establishment shall request it to draw up and communicate to the it to draw up and communicate to the Digital Services Coordinator of Digital Services Coordinator of establishment, the Commission and the establishment, the Commission and the Board, within one month from that Board, within one month from that decision, an action plan, specifying how decision, an action plan, specifying how that platform intends to terminate or that platform intends to terminate or remedy the infringement. The measures remedy the infringement. set out in the action plan may include, where appropriate, participation in a code of conduct as provided for in Article 35.

Or. fr

Amendment 1116 Patrick Breyer

Proposal for a regulation Article 50 – paragraph 2

Text proposed by the Commission Amendment

Or. en

PE696.292v01-00 104/121 AM\1236861EN.docx EN Justification

Subject to discussion on JURI competences. Codes of conduct lack democratic scrutiny and are not subject to legal review as to their compliance with fundamental rights.

Amendment 1117 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 50 – paragraph 2

Text proposed by the Commission Amendment

2. When communicating the decision 2. When communicating the decision referred to in the first subparagraph of referred to in the first subparagraph of paragraph 1 to the very large online paragraph 1 to the very large online platform concerned, the Digital Services platform concerned, a Digital Services Coordinator of establishment shall request Coordinator of shall request it to draw up it to draw up and communicate to the and communicate to the Digital Services Digital Services Coordinator of Coordinator, the Commission and the establishment, the Commission and the Board, within one month from that Board, within one month from that decision, an action plan, specifying how decision, an action plan, specifying how that platform intends to terminate or that platform intends to terminate or remedy the infringement. The measures set remedy the infringement. The measures set out in the action plan may include, where out in the action plan may include, where appropriate, participation in a code of appropriate, participation in a code of conduct as provided for in Article 35. conduct as provided for in Article 35.

Or. en

Amendment 1118 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 50 – paragraph 3 – introductory part

Text proposed by the Commission Amendment

3. Within one month following receipt 3. Within one month following receipt of the action plan, the Board shall of the action plan, the Board shall communicate its opinion on the action plan communicate its opinion on the action plan to the Digital Services Coordinator of to the relevant Digital Services establishment. Within one month Coordinator. Within one month following following receipt of that opinion, that receipt of that opinion, that Digital Digital Services Coordinator shall decide Services Coordinator shall decide whether

AM\1236861EN.docx 105/121 PE696.292v01-00 EN whether the action plan is appropriate to the action plan is appropriate to terminate terminate or remedy the infringement. or remedy the infringement.

Or. en

Amendment 1119 Patrick Breyer

Proposal for a regulation Article 50 – paragraph 3 – subparagraph 1

Text proposed by the Commission Amendment

Where the Digital Services Coordinator of Where the Digital Services Coordinator of establishment has concerns on the ability establishment has concerns on the ability of the measures to terminate or remedy the of the measures to terminate or remedy the infringement, it may request the very large infringement, it may request the very large online platform concerned to subject itself online platform concerned to subject itself to an additional, independent audit to to an independent audit to assess the assess the effectiveness of those measures effectiveness of those measures in in terminating or remedying the terminating or remedying the infringement. infringement. In that case, that platform In that case, that platform shall send the shall send the audit report to that Digital audit report to that Digital Services Services Coordinator, the Commission and Coordinator, the Commission and the the Board within four months from the Board within four months from the decision referred to in the first decision referred to in the first subparagraph. When requesting such an subparagraph. When requesting such an additional audit, the Digital Services audit, the Digital Services Coordinator may Coordinator may specify a particular audit specify a particular audit organisation that organisation that is to carry out the audit, at is to carry out the audit, at the expense of the expense of the platform concerned, the platform concerned, selected on the selected on the basis of criteria set out in basis of criteria set out in Article 28(2). Article 28(2).

Or. en

Justification

Consequential change due to the proposed deletion of Article 28.

Amendment 1120 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 50 – paragraph 3 – subparagraph 1

PE696.292v01-00 106/121 AM\1236861EN.docx EN Text proposed by the Commission Amendment

Where the Digital Services Coordinator of Where a Digital Services Coordinator has establishment has concerns on the ability concerns on the ability of the measures to of the measures to terminate or remedy the terminate or remedy the infringement, it infringement, it may request the very large may request the very large online platform online platform concerned to subject itself concerned to subject itself to an additional, to an additional, independent audit to independent audit to assess the assess the effectiveness of those measures effectiveness of those measures in in terminating or remedying the terminating or remedying the infringement. infringement. In that case, that platform In that case, that platform shall send the shall send the audit report to that Digital audit report to that Digital Services Services Coordinator, the Commission and Coordinator, the Commission and the the Board within four months from the Board within four months from the decision referred to in the first decision referred to in the first subparagraph. When requesting such an subparagraph. When requesting such an additional audit, the Digital Services additional audit, the Digital Services Coordinator may specify a particular audit Coordinator may specify a particular audit organisation that is to carry out the audit, at organisation that is to carry out the audit, at the expense of the platform concerned, the expense of the platform concerned, selected on the basis of criteria set out in selected on the basis of criteria set out in Article 28(2). Article 28(2).

Or. en

Amendment 1121 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 50 – paragraph 4 – introductory part

Text proposed by the Commission Amendment

4. The Digital Services Coordinator of 4. The interested Digital Services establishment shall communicate to the Coordinator shall communicate to the Commission, the Board and the very large Commission, the Board and the very large online platform concerned its views as to online platform concerned its views as to whether the very large online platform has whether the very large online platform has terminated or remedied the infringement terminated or remedied the infringement and the reasons thereof. It shall do so and the reasons thereof. It shall do so within the following time periods, as within the following time periods, as applicable: applicable:

Or. en

AM\1236861EN.docx 107/121 PE696.292v01-00 EN Amendment 1122 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 50 – paragraph 4 – subparagraph 1

Text proposed by the Commission Amendment

Pursuant to that communication, the Pursuant to that communication, the Digital Services Coordinator of Digital Services Coordinator shall no establishment shall no longer be entitled to longer be entitled to take any investigatory take any investigatory or enforcement or enforcement measures in respect of the measures in respect of the relevant conduct relevant conduct by the very large online by the very large online platform platform concerned, without prejudice to concerned, without prejudice to Article 66 Article 66 or any other measures that it or any other measures that it may take at may take at the request of the Commission. the request of the Commission.

Or. en

Amendment 1123 Stéphane Séjourné

Proposal for a regulation Article 51 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. The Commission, acting either 1. The Commission, acting either upon the Board’s recommendation or on its upon the Board’s recommendation or on its own initiative after consulting the Board, own initiative after consulting the Board, may initiate proceedings in view of the shall initiate proceedings in view of the possible adoption of decisions pursuant to possible adoption of decisions pursuant to Articles 58 and 59 in respect of the Articles 58 and 59 in respect of the relevant conduct by the very large online relevant conduct by the very large online platform that: platform that:

Or. en

Amendment 1124 Karen Melchior, Hilde Vautmans, Ivars Ijabs, Samira Rafaela, Michal Šimečka, Stéphane Séjourné

Proposal for a regulation Article 51 – paragraph 1 – introductory part

PE696.292v01-00 108/121 AM\1236861EN.docx EN Text proposed by the Commission Amendment

Or. en

Amendment 1125 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 51 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) is suspected of having infringed any (a) is suspected of having infringed any of the provisions of this Regulation and the of the provisions of this Regulation and Digital Services Coordinator of any Digital Services Coordinator did take establishment did not take any investigatory or enforcement measures, investigatory or enforcement measures, pursuant to the request of the Commission pursuant to the request of the Commission referred to in Article 45(7), upon the expiry referred to in Article 45(7), upon the expiry of the time period set in that request; of the time period set in that request;

Or. en

Amendment 1126 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 51 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) is suspected of having infringed any (b) is suspected of having infringed any of the provisions of this Regulation and the of the provisions of this Regulation and a Digital Services Coordinator of Digital Services Coordinator requested the establishment requested the Commission Commission to intervene in accordance

AM\1236861EN.docx 109/121 PE696.292v01-00 EN to intervene in accordance with Article with Article 46(2), upon the reception of 46(2), upon the reception of that request; that request;

Or. en

Amendment 1127 Stéphane Séjourné

Proposal for a regulation Article 51 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. Where the Commission decides to 2. When the Commission initiates to initiate proceedings pursuant to paragraph initiate proceedings pursuant to paragraph 1, it shall notify all Digital Services 1, it shall notify all Digital Services Coordinators, the Board and the very large Coordinators, the Board and the very large online platform concerned. online platform concerned.

Or. en

Amendment 1128 Karen Melchior, Hilde Vautmans, Ivars Ijabs, Samira Rafaela, Michal Šimečka, Stéphane Séjourné

Proposal for a regulation Article 51 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. Where the Commission decides to 2. When Commission decides to initiate proceedings pursuant to paragraph initiates proceedings pursuant to paragraph 1, it shall notify all Digital Services 1, it shall notify all Digital Services Coordinators, the Board and the very large Coordinators, the Board and the very large online platform concerned. online platform concerned.

Or. en

Amendment 1129 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 51 – paragraph 2 – subparagraph 1

PE696.292v01-00 110/121 AM\1236861EN.docx EN Text proposed by the Commission Amendment

As regards points (a) and (b) of paragraph As regards points (a) and (b) of paragraph 1, pursuant to that notification, the Digital 1, pursuant to that notification, the Digital Services Coordinator of establishment Services Coordinator concerned shall no concerned shall no longer be entitled to longer be entitled to take any investigatory take any investigatory or enforcement or enforcement measures in respect of the measures in respect of the relevant conduct relevant conduct by the very large online by the very large online platform platform concerned, without prejudice to concerned, without prejudice to Article 66 Article 66 or any other measures that it or any other measures that it may take at may take at the request of the Commission. the request of the Commission.

Or. en

Amendment 1130 Kosma Złotowski

Proposal for a regulation Article 52 – paragraph 1

Text proposed by the Commission Amendment

1. In order to carry out the tasks 1. In order to carry out the tasks assigned to it under this Section, the assigned to it under this Section, the Commission may by simple request or by Commission may by simple request or by decision require the very large online decision require the very large online platforms concerned, as well as any other platforms concerned, their legal persons acting for purposes related to their representatives, as well as any other trade, business, craft or profession that may persons acting for purposes related to their be reasonably be aware of information trade, business, craft or profession that may relating to the suspected infringement or be reasonably be aware of information the infringement, as applicable, including relating to the suspected infringement or organisations performing the audits the infringement, as applicable, including referred to in Articles 28 and 50(3), to organisations performing the audits provide such information within a referred to in Articles 28 and 50(3), to reasonable time period. provide such information within a reasonable time period.

Or. en

Amendment 1131 Alessandra Basso, Gunnar Beck, Gilles Lebreton

AM\1236861EN.docx 111/121 PE696.292v01-00 EN Proposal for a regulation Article 54

Text proposed by the Commission Amendment

Article 54 deleted Power to conduct on-site inspections 1. In order to carry out the tasks assigned to it under this Section, the Commission may conduct on-site inspections at the premises of the very large online platform concerned or other person referred to in Article 52(1). 2. On-site inspections may also be carried out with the assistance of auditors or experts appointed by the Commission pursuant to Article 57(2). 3. During on-site inspections the Commission and auditors or experts appointed by it may require the very large online platform concerned or other person referred to in Article 52(1) to provide explanations on its organisation, functioning, IT system, algorithms, data- handling and business conducts. The Commission and auditors or experts appointed by it may address questions to key personnel of the very large online platform concerned or other person referred to in Article 52(1). 4. The very large online platform concerned or other person referred to in Article 52(1) is required to submit to an on-site inspection ordered by decision of the Commission. The decision shall specify the subject matter and purpose of the visit, set the date on which it is to begin and indicate the penalties provided for in Articles 59 and 60 and the right to have the decision reviewed by the Court of Justice of the European Union.

Or. en

Amendment 1132

PE696.292v01-00 112/121 AM\1236861EN.docx EN Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal, Daniel Buda

Proposal for a regulation Article 55 – paragraph 1

Text proposed by the Commission Amendment

1. In the context of proceedings which 1. In the context of proceedings which may lead to the adoption of a decision of may lead to the adoption of a decision of non-compliance pursuant to Article 58(1), non-compliance pursuant to Article 58(1), where there is an urgency due to the risk of where there is an urgency due to the risk of serious damage for the recipients of the serious damage for the recipients of the service, the Commission may, by decision, service, the Commission may, by decision, order interim measures against the very order proportionate interim measures large online platform concerned on the against the very large online platform basis of a prima facie finding of an concerned on the basis of a prima facie infringement. finding of an infringement.

Or. en

Amendment 1133 Patrick Breyer

Proposal for a regulation Article 56 – paragraph 1

Text proposed by the Commission Amendment

1. If, during proceedings under this 1. If, during proceedings under this Section, the very large online platform Section, the very large online platform concerned offers commitments to ensure concerned offers lawful commitments to compliance with the relevant provisions of ensure compliance with the relevant this Regulation, the Commission may by provisions of this Regulation, the decision make those commitments binding Commission may by decision make those on the very large online platform commitments binding on the very large concerned and declare that there are no online platform concerned and declare that further grounds for action. there are no further grounds for action.

Or. en

Justification

Subject to discussion on JURI competences. The Commission shall make only lawful commitments binding.

AM\1236861EN.docx 113/121 PE696.292v01-00 EN Amendment 1134 Patrick Breyer

Proposal for a regulation Article 56 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) where the very large online (b) where the very large online platform concerned acts contrary to its platform concerned acts contrary to its commitments; or lawful commitments; or

Or. en

Amendment 1135 Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal

Proposal for a regulation Article 57 – paragraph 1

Text proposed by the Commission Amendment

1. For the purposes of carrying out the 1. For the purposes of carrying out the tasks assigned to it under this Section, the tasks assigned to it under this Section, the Commission may take the necessary Commission may take the necessary actions to monitor the effective actions to monitor the effective implementation and compliance with this implementation and compliance with this Regulation by the very large online Regulation by the very large online platform concerned. The Commission may platform concerned. The Commission may also order that platform to provide access also order that platform to provide to, and explanations relating to, its explanations relating to, and, where databases and algorithms. necessary access to its databases and algorithms.

Or. en

Amendment 1136 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 58 – paragraph 1 – introductory part

PE696.292v01-00 114/121 AM\1236861EN.docx EN Text proposed by the Commission Amendment

1. The Commission shall adopt a non- 1. The Commission shall adopt a non- compliance decision where it finds that the compliance decision, after consulting the very large online platform concerned does Board, where it finds that the very large not comply with one or more of the online platform concerned does not comply following: with one or more of the following:

Or. en

Amendment 1137 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 58 – paragraph 5

Text proposed by the Commission Amendment

5. Where the Commission finds that 5. Where the Commission finds that the conditions of paragraph 1 are not met, the conditions of paragraph 1 are not met, it shall close the investigation by a it shall close the investigation by a decision. decision, approved by the Board.

Or. en

Amendment 1138 Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal, Daniel Buda

Proposal for a regulation Article 59 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The Commission may by decision 2. The Commission may by decision impose on the very large online platform and in compliance with the concerned or other person referred to in proportionality principle impose on the Article 52(1) fines not exceeding 1% of the very large online platform concerned or total turnover in the preceding financial other person referred to in Article 52(1) year, where they intentionally or fines not exceeding 1% of the total negligently: turnover in the preceding financial year, where they intentionally or negligently:

Or. en

AM\1236861EN.docx 115/121 PE696.292v01-00 EN Amendment 1139 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 59 – paragraph 2 – point c

Text proposed by the Commission Amendment

Or. en

Amendment 1140 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 59 – paragraph 3

Text proposed by the Commission Amendment

3. Before adopting the decision 3. Before adopting the decision pursuant to paragraph 2, the Commission pursuant to paragraph 2, the Commission shall communicate its preliminary findings shall communicate its preliminary findings to the very large online platform concerned to the very large online platform concerned or other person referred to in Article 52(1). or other person referred to in Article 52(1) and to the Board.

Or. en

Amendment 1141 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 60 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) submit to an on-site inspection deleted which it has ordered by decision pursuant to Article 54;

Or. en

PE696.292v01-00 116/121 AM\1236861EN.docx EN Amendment 1142 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 61 – paragraph 3 – point b

Text proposed by the Commission Amendment

(b) on-site inspection; deleted

Or. en

Amendment 1143 Alessandra Basso, Gunnar Beck, Gilles Lebreton

Proposal for a regulation Article 65 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Where all powers pursuant to this 1. Where all powers pursuant to this Article to bring about the cessation of an Article to bring about the cessation of an infringement of this Regulation have been infringement of this Regulation have been exhausted, the infringement persists and exhausted, the infringement persists and causes serious harm which cannot be causes serious harm which cannot be avoided through the exercise of other avoided through the exercise of other powers available under Union or national powers available under Union or national law, the Commission may request the law, the Commission may request the Digital Services Coordinator of interested Digital Services Coordinator to establishment of the very large online act pursuant to Article 41(3) towards the platform concerned to act pursuant to very large online platform concerned . Article 41(3).

Or. en

Amendment 1144 Patrick Breyer

Proposal for a regulation Article 68 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Without prejudice to Directive Without prejudice to Directive

AM\1236861EN.docx 117/121 PE696.292v01-00 EN 2020/XX/EU of the European Parliament 2020/XX/EU of the European Parliament and of the Council52 , recipients of and of the Council52 , recipients of intermediary services shall have the right intermediary services shall have the right to mandate a body, organisation or to mandate a body, organisation or association to exercise the rights referred to association to exercise the rights referred to in Articles 17, 18 and 19 on their behalf, in Articles 12, 13, 14, 15, 17, 18 and 19 on provided the body, organisation or their behalf, provided the body, association meets all of the following organisation or association meets all of the conditions: following conditions: ______52 [Reference] 52 [Reference]

Or. en

Justification

This important Article will allow representatives to enforce user rights by means of collective redress, but its scope needs to include the provisions protecting against arbitrary removal and providing for transparency.

Amendment 1145 Kosma Złotowski

Proposal for a regulation Article 69 – paragraph 2

Text proposed by the Commission Amendment

2. The delegation of power referred to 2. The delegation of power referred to in Articles 23, 25, and 31 shall be in Articles 13, 23, 25, and 31 shall be conferred on the Commission for an conferred on the Commission for an indeterminate period of time from [date of indeterminate period of time from [date of expected adoption of the Regulation]. expected adoption of the Regulation].

Or. en

Amendment 1146 Kosma Złotowski

Proposal for a regulation Article 69 – paragraph 3

Text proposed by the Commission Amendment

3. The delegation of power referred to 3. The delegation of power referred to

PE696.292v01-00 118/121 AM\1236861EN.docx EN in Articles 23, 25 and 31 may be revoked in Articles 13, 23, 25 and 31 may be at any time by the European Parliament or revoked at any time by the European by the Council. A decision of revocation Parliament or by the Council. A decision of shall put an end to the delegation of power revocation shall put an end to the specified in that decision. It shall take delegation of power specified in that effect the day following that of its decision. It shall take effect the day publication in the Official Journal of the following that of its publication in the European Union or at a later date specified Official Journal of the European Union or therein. It shall not affect the validity of at a later date specified therein. It shall not any delegated acts already in force. affect the validity of any delegated acts already in force.

Or. en

Amendment 1147 Kosma Złotowski

Proposal for a regulation Article 69 – paragraph 5

Text proposed by the Commission Amendment

5. A delegated act adopted pursuant to 5. A delegated act adopted pursuant to Articles 23, 25 and 31 shall enter into force Articles 13, 23, 25 and 31 shall enter into only if no objection has been expressed by force only if no objection has been either the European Parliament or the expressed by either the European Council within a period of three months of Parliament or the Council within a period notification of that act to the European of four months of notification of that act to Parliament and the Council or if, before the the European Parliament and the Council expiry of that period, the European or if, before the expiry of that period, the Parliament and the Council have both European Parliament and the Council have informed the Commission that they will both informed the Commission that they not object. That period shall be extended will not object. That period shall be by three months at the initiative of the extended by three months at the initiative European Parliament or of the Council. of the European Parliament or of the Council.

Or. en

Amendment 1148 Kosma Złotowski

Proposal for a regulation Article 73 – paragraph 1

AM\1236861EN.docx 119/121 PE696.292v01-00 EN Text proposed by the Commission Amendment

1. By five years after the entry into 1. By three years after the entry into force of this Regulation at the latest, and force of this Regulation at the latest, and every five years thereafter, the Commission every three years thereafter, the shall evaluate this Regulation and report to Commission shall evaluate this Regulation the European Parliament, the Council and and report to the European Parliament, the the European Economic and Social Council and the European Economic and Committee. Social Committee. On the basis of the findings and taking into utmost account the opinion of the Board, that report shall, where appropriate, be accompanied by a proposal for amendment of this Regulation.

Or. en

Amendment 1149 Kosma Złotowski

Proposal for a regulation Article 73 – paragraph 4

Text proposed by the Commission Amendment

4. By three years from the date of deleted application of this Regulation at the latest, the Commission, after consulting the Board, shall carry out an assessment of the functioning of the Board and shall report it to the European Parliament, the Council and the European Economic and Social Committee, taking into account the first years of application of the Regulation. On the basis of the findings and taking into utmost account the opinion of the Board, that report shall, where appropriate, be accompanied by a proposal for amendment of this Regulation with regard to the structure of the Board.

Or. en

Amendment 1150

PE696.292v01-00 120/121 AM\1236861EN.docx EN Kosma Złotowski

Proposal for a regulation Article 74 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. It shall apply from [date - three 2. It shall apply from [date - sixteen months after its entry into force]. months after its entry into force].

Or. en

Amendment 1151 Axel Voss, Esteban González Pons, Luisa Regimenti, Monika Hohlmeier, Rainer Wieland, Daniel Caspary, Javier Zarzalejos, Sven Schulze, Christian Doleschal, Daniel Buda

Proposal for a regulation Article 74 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. It shall apply from [date - three 2. It shall apply from six months after months after its entry into force]. its entry into force.

Or. en

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