En En Amendments 1873

European Parliament 2019-2024

Committee on the Internal Market and Consumer Protection

2020/0361(COD)

8.7.2021

AMENDMENTS 1873 - 2158

Draft report Christel Schaldemose (PE693.594v01-00)

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

Proposal for a regulation (COM(2020)0825 – C9-0000/2021 – 2020/0361(COD))

AM\1235644EN.docx PE695.163v01-00

EN United in diversityEN AM_Com_LegReport

PE695.163v01-00 2/157 AM\1235644EN.docx EN Amendment 1873 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior, Marco Zullo

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 definitely exclude platforms that do not meet their commitments as a signatory to the Codes of Conduct.

Or. en

Amendment 1874 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Claudia Gamon, Morten Løkkegaard, Svenja Hahn, Karen Melchior, Sandro Gozi, Stéphanie Yon-Courtin, Liesje Schreinemacher, Bart Groothuis

Proposal for a regulation Article 35 – paragraph 5

Text proposed by the Commission Amendment

AM\1235644EN.docx 3/157 PE695.163v01-00 EN Or. en

Justification

Providers should fail to honour a code should be potentially excluded from that code.

Amendment 1875 Alexandra Geese, Rasmus Andresen, Kim Van Sparrentak on behalf of the Greens/EFA Group

Proposal for a regulation Article 35 – paragraph 5

Text proposed by the Commission Amendment

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

Or. en

Amendment 1876 Marcel Kolaja

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 1877 Alexandra Geese, Rasmus Andresen, Kim Van Sparrentak on behalf of the Greens/EFA Group

PE695.163v01-00 4/157 AM\1235644EN.docx EN Proposal for a regulation Article 35 – paragraph 5 a (new)

Text proposed by the Commission Amendment

5a. For each Code of Conduct a European Citizens’ Assembly is established that monitors outcomes of the Codes of Conduct, discusses the main issues at stake publicly and sets out public policy recommendations to the Commission. The members of the European Citizens’ Assemblies shall be randomly selected so as to be broadly representative of European society elected taking into account gender, age, location, and social class.

Or. en

Amendment 1878 Martin Schirdewan, Anne-Sophie Pelletier

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. 2. The Commission shall aim to ensure that the codes of conduct pursue an effective transmission of information,

AM\1235644EN.docx 5/157 PE695.163v01-00 EN 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. en

Amendment 1879 Karen Melchior

Proposal for a regulation Article 36

Text proposed by the Commission Amendment

PE695.163v01-00 6/157 AM\1235644EN.docx EN further transparency in online advertising beyond the requirements of Articles 24 and 30. 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. en

Amendment 1880 Andrea Caroppo, Salvatore De Meo, Carlo Fidanza

Proposal for a regulation Article 36 – paragraph 1

Text proposed by the Commission Amendment

AM\1235644EN.docx 7/157 PE695.163v01-00 EN 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 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

Amendment 1881 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior, Marco Zullo

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 transparency in online advertising beyond transparency for all players in the online the requirements of Articles 24 and 30. advertising value chain. beyond the requirements of Articles 24 and 30

Or. en

Amendment 1882 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Claudia Gamon, Morten Løkkegaard, Marco Zullo, Svenja Hahn, Karen Melchior, Sandro Gozi, Stéphanie Yon- Courtin, Liesje Schreinemacher, Bart Groothuis

Proposal for a regulation Article 36 – paragraph 1

PE695.163v01-00 8/157 AM\1235644EN.docx EN 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 transparency in online advertising beyond transparency for all actors in the online the requirements of Articles 24 and 30. advertising value chain, beyond the requirements of Articles 24 and 30

Or. en

Justification

Due to the complex nature of advertising online, it is important to include all players within the codes of conduct

Amendment 1883 Arba Kokalari, Pablo Arias Echeverría, Andreas Schwab, Anna-Michelle Asimakopoulou, Axel Voss, Ivan Štefanec, Pilar del Castillo Vera, Barbara Thaler

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 voluntary conduct at Union level between, online codes of conduct at Union level between, platforms and other relevant service online 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 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

AM\1235644EN.docx 9/157 PE695.163v01-00 EN Amendment 1884 Marcel Kolaja

Proposal for a regulation Article 36 – paragraph 1

Text proposed by the Commission Amendment

1. The Commission shall encourage 1. The Commission may encourage and facilitate the drawing up of codes of and facilitate the drawing up of voluntary conduct at Union level between, online codes of conduct at Union level between, platforms and other relevant service online 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 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 1885 Alexandra Geese, Rasmus Andresen, Kim Van Sparrentak on behalf of the Greens/EFA Group

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

Text proposed by the Commission Amendment

(a) the transmission of information (a) the transmission of information held by providers of online advertising held by providers of online advertising intermediaries to recipients of the service intermediaries to recipients of the service with regard to requirements set in points with regard to requirements set in points (b) and (c) of Article 24; (b) and (c) of Article 2a new;

Or. en

Amendment 1886 Alexandra Geese, Rasmus Andresen, Kim Van Sparrentak on behalf of the Greens/EFA Group

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

PE695.163v01-00 10/157 AM\1235644EN.docx EN Text proposed by the Commission Amendment

(b) the transmission of information (b) the transmission of information held by providers of online advertising held by providers of online advertising intermediaries to the repositories pursuant intermediaries to the repositories pursuant to Article 30. to Article 30, in particular the information referred to in points (d) and (d a new) of paragraph 2 of Article 30..

Or. en

Amendment 1887 Andrea Caroppo, Salvatore De Meo, Carlo Fidanza

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 or 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 campaign throughout its lifecycle.

Or. en

Amendment 1888 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior, Marco Zullo

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.

AM\1235644EN.docx 11/157 PE695.163v01-00 EN Or. en

Amendment 1889 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Claudia Gamon, Morten Løkkegaard, Svenja Hahn, Karen Melchior, Sandro Gozi, Stéphanie Yon-Courtin, Liesje Schreinemacher

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 three years after the application of this Regulation.

Or. en

Justification

Once adopted, the Commission should start to evaluate if they are being implemented. If they are not, then further actions could be considered.

Amendment 1890 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior

Proposal for a regulation Article 36 – paragraph 3

Text proposed by the Commission Amendment

PE695.163v01-00 12/157 AM\1235644EN.docx EN Or. en

Amendment 1891 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior, Marco Zullo

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 1892 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Claudia Gamon, Morten Løkkegaard, Marco Zullo, Svenja Hahn, Karen Melchior, Sandro Gozi, Stéphanie Yon- Courtin, Liesje Schreinemacher

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

Text proposed by the Commission Amendment

3a. The Commission shall encourage all the actors in the online advertising eco-system to endorse and comply with the commitments stated in the codes of conduct.

Or. en

Justification

Due to the complex system of online advertising, it is important that all different actors in the system are party to the codes of conduct

AM\1235644EN.docx 13/157 PE695.163v01-00 EN Amendment 1893 Liesje Schreinemacher, Bart Groothuis, Hilde Vautmans, Marco Zullo, Karen Melchior, Morten Løkkegaard, Adrián Vázquez Lázara, Sandro Gozi

Proposal for a regulation Article 36 a (new)

Text proposed by the Commission Amendment

Article 36a Codes of conduct for the protection of minors 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 the Regulation and their application no later than six months after that date.

PE695.163v01-00 14/157 AM\1235644EN.docx EN Or. en

Amendment 1894 Andreas Schieder, Evelyne Gebhardt, Paul Tang, Marc Angel, Maria-Manuel Leitão- Marques

Proposal for a regulation Article 36 a (new)

Text proposed by the Commission Amendment

Article 36a Codes of conduct for short-term holiday rentals 1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between online platforms, short-term holiday rental providers, and relevant authorities to contribute to the proper enforcement of the authorization and registration schemes for short-term holiday rentals. 2. The Commission shall aim to ensure that the codes of conduct lead to the development of effective mechanisms for online platforms to verify and track short-term holiday rental providers’ compliance with national registration and authorization requirements. 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

Justification

The DSA can play a key role in tackling the issue of illegal short-term holiday rentals (STRs). Currently, despite the fact that STR providers are subject to clear registration and authorization requirements in many Member States, enforcing such registration schemes has proved difficult. STR providers often advertise their properties without a proper registration number on an online platform and public authorities struggle to identify and order the removal of such properties. The DSA can provide enforcement relief by encouraging the

AM\1235644EN.docx 15/157 PE695.163v01-00 EN introduction of more automated verification systems through online databases set up by public authorities that platforms could consult to verify that STR providers have received the relevant authorization to market their property.

Amendment 1895 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 37

Text proposed by the Commission Amendment

[...] deleted

Or. fr

Amendment 1896 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 37

Text proposed by the Commission Amendment

[...] deleted

Or. en

Amendment 1897 Arba Kokalari, Pablo Arias Echeverría, Andreas Schwab, Anna-Michelle Asimakopoulou, Axel Voss, Ivan Štefanec, Pilar del Castillo Vera, Barbara Thaler

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

PE695.163v01-00 16/157 AM\1235644EN.docx EN public health. public security or public health.

Or. en

Amendment 1898 Marcel Kolaja

Proposal for a regulation Article 37 – paragraph 1

Text proposed by the Commission Amendment

Or. en

Amendment 1899 Marcel Kolaja

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

Text proposed by the Commission Amendment

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 1900 Jordi Cañas, Maite Pagazaurtundúa

AM\1235644EN.docx 17/157 PE695.163v01-00 EN Proposal for a regulation Article 37 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) displaying prominent information (a) displaying prominent information on the crisis situation provided by Member on the crisis situation provided by Member States’ authorities or at Union level; States’ authorities or at Union level which are accessible for persons with disabilities;

Or. en

Amendment 1901 Marcel Kolaja

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

Amendment 1902 Jordi Cañas, Maite Pagazaurtundúa

Proposal for a regulation Article 37 – paragraph 4 – point f a (new)

Text proposed by the Commission Amendment

(fa) measures to ensure accessibility for persons with disabilities during

PE695.163v01-00 18/157 AM\1235644EN.docx EN implementation of crisis protocols, including by providing accessible description about these protocols.

Or. en

Justification

The EU is also obliged by the UN CPRD to protect persons with disabilities in situations of risk and humanitarian emergencies (Article 11). Vitality of emergency public information (Audiovisual Media Services Directive) and emergency communications (European Electronic Communications Code) is well established and appreciated in Union legislation. The DSA should be consistent with this approach as means of implementation of the UN Convention.

Amendment 1903 Alex Agius Saliba, Christel Schaldemose

Proposal for a regulation Article 37 – paragraph 4 – point f a (new)

Text proposed by the Commission Amendment

(fa) measures to ensure accessibility for persons with disabilities during implementation of crisis protocols, including by providing accessible description about these protocols

Or. en

Justification

Amendment 1904 Geoffroy Didier, Sabine Verheyen, Brice Hortefeux, Nathalie Colin-Oesterlé

Proposal for a regulation Article 37 – paragraph 5

AM\1235644EN.docx 19/157 PE695.163v01-00 EN Text proposed by the Commission Amendment

5. If the Commission considers that a 5. If the Commission considers that a crisis protocol fails to effectively address crisis protocol fails to effectively address the crisis situation, or to safeguard the the crisis situation, or to safeguard the exercise of fundamental rights as referred exercise of fundamental rights as referred to in point (e) of paragraph 4, it may to in point (e) of paragraph 4, it shall request the participants to revise the crisis request the participants to remove and, protocol, including by taking additional where necessary, revise the crisis protocol, measures. including by taking additional measures.

Or. en

Amendment 1905 Marcel Kolaja

Proposal for a regulation Article 37 a (new)

Text proposed by the Commission Amendment

Article 37a 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

PE695.163v01-00 20/157 AM\1235644EN.docx EN 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

Amendment 1906 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 38 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall designate one 1. Member States shall designate one or more competent authorities as or more competent authorities as responsible for the application and responsible for the application and enforcement of this Regulation enforcement of this Regulation (‘competent authorities’). (‘competent authorities’), without prejudice to the procedures for the supervision of very large online platforms laid out in Section 3.

Or. en

AM\1235644EN.docx 21/157 PE695.163v01-00 EN Justification

For very large online platforms, a new European Platform Agency is established. This amendment clarifies that this shall not affect the work of the authorities at Member State level.

Amendment 1907 Geoffroy Didier, Sabine Verheyen, Brice Hortefeux, Nathalie Colin-Oesterlé

Proposal for a regulation Article 38 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

2. Member States shall designate one 2. Member States shall designate one of the competent authorities as their Digital of the competent authorities as their Digital Services Coordinator. The Digital Services Services Coordinator. The Digital Services Coordinator shall be responsible for all Coordinator shall be responsible for all matters relating to application and matters relating to application and enforcement of this Regulation in that enforcement of this Regulation in that Member State, unless the Member State Member State, unless the Member State concerned has assigned certain specific concerned has assigned certain specific tasks or sectors to other competent tasks or sectors to other competent authorities. The Digital Services authorities. Those competent authorities Coordinator shall in any event be shall have the same powers to carry out responsible for ensuring coordination at the tasks or supervise the sectors assigned national level in respect of those matters to them as those attributed to the Digital and for contributing to the effective and Services Coordinator for the application consistent application and enforcement of and enforcement of this Regulation. The this Regulation throughout the Union. Digital Services Coordinator shall in any event be responsible for ensuring coordination at national level in respect of those matters and for contributing to the effective and consistent application and enforcement of this Regulation throughout the Union.

Or. en

Amendment 1908 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 38 – paragraph 2 – subparagraph 1

PE695.163v01-00 22/157 AM\1235644EN.docx EN Text proposed by the Commission Amendment

2. Member States shall designate one 2. Member States shall designate one of the competent authorities as their Digital of the competent authorities as their Digital Services Coordinator. The Digital Services Services Coordinator. The Digital Services Coordinator shall be responsible for all Coordinator shall be responsible for all matters relating to application and matters relating to application and enforcement of this Regulation in that enforcement of this Regulation in that Member State, unless the Member State Member State. The Digital Services concerned has assigned certain specific Coordinator shall in any event be tasks or sectors to other competent responsible for ensuring coordination at authorities. The Digital Services national level in respect of those matters Coordinator shall in any event be and for contributing to the effective and responsible for ensuring coordination at consistent application and enforcement of national level in respect of those matters this Regulation throughout the Union. and for contributing to the effective and consistent application and enforcement of this Regulation throughout the Union.

Or. en

Amendment 1909 Karen Melchior, Anna Júlia Donáth

Proposal for a regulation Article 38 – paragraph 2 – subparagraph -1 (new)

Text proposed by the Commission Amendment

-1. Member States shall not designate the regulatory authorities referred to in Article 30 of the Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services as competent authorities or as Digital Services Coordinator.

Or. en

Justification

The Member States should refrain from designating the same authorities as those designated

AM\1235644EN.docx 23/157 PE695.163v01-00 EN pursuant to article 30 of the AVMSD in order to avoid providing one single institution with the authority to shape the Member State’s entire media landscape and online space

Amendment 1910 Karen Melchior, Anna Júlia Donáth

Proposal for a regulation Article 38 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission Amendment

When a Member State is subject to a procedure referred to in Article 7(1) or 7(2) of the Treaty on European Union or against whom a procedure based on Regulation 2020/2092 was initiated, the Commission shall additionally confirm that the Digital Services Coordinator proposed by that Member State fulfils the requirements laid down in Article 39 before that Digital Services Coordinator can be designated.

Or. en

Amendment 1911 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 38 – paragraph 2 – subparagraph 2

Text proposed by the Commission Amendment

For that purpose, Digital Services For that purpose, Digital Services Coordinators shall cooperate with each Coordinators shall cooperate with each other, other national competent authorities, other, other national competent authorities, the Board and the Commission, without the Agency, without prejudice to the prejudice to the possibility for Member possibility for Member States to provide States to provide for regular exchanges of for regular exchanges of views with other views with other authorities where relevant authorities where relevant for the for the performance of the tasks of those performance of the tasks of those other other authorities and of the Digital Services authorities and of the Digital Services Coordinator. Coordinator.

PE695.163v01-00 24/157 AM\1235644EN.docx EN Or. en

Justification

For very large online platforms, a new European Platform Agency is established, that takes on the tasks originally foreseen for the Commission and the Board.

Amendment 1912 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 38 – paragraph 2 – subparagraph 3

Text proposed by the Commission Amendment

Where a Member State designates more Where a Member State designates more than one competent authority in addition to than one competent authority in addition to the Digital Services Coordinator, it shall the Digital Services Coordinator, it shall ensure that the respective tasks of those ensure that the respective tasks of those authorities and of the Digital Services authorities and of the Digital Services Coordinator are clearly defined and that Coordinator are clearly defined and that they cooperate closely and effectively they cooperate closely and effectively when performing their tasks. The Member when performing their tasks. The Member State concerned shall communicate the State concerned shall communicate the name of the other competent authorities as name of the other competent authorities as well as their respective tasks to the well as their respective tasks to the Commission and the Board. Agency.

Or. en

Justification

For very large online platforms, a new European Platform Agency is established, that takes on the tasks originally foreseen for the Commission and the Board.

Amendment 1913 Barbara Thaler, Arba Kokalari

Proposal for a regulation Article 38 – paragraph 3 – subparagraph 2

Text proposed by the Commission Amendment

Member States shall make publicly Member States shall make publicly

AM\1235644EN.docx 25/157 PE695.163v01-00 EN available, and communicate to the available, and communicate to the Commission and the Board, the name of Commission and the Board, the name of their competent authority designated as their competent authority designated as Digital Services Coordinator and Digital Services Coordinator and information on how it can be contacted. information on how it can be contacted. Furthermore, the Commission shall issue guidance to the Member States, to ensure that national, local and regional authorities relate to their Digital Coordinators in a consistent and comparable manner.

Or. en

Amendment 1914 Maria Grapini, Christel Schaldemose, Marc Angel, Evelyne Gebhardt, Brando Benifei

Proposal for a regulation Article 38 – paragraph 3 – subparagraph 2

Text proposed by the Commission Amendment

Member States shall make publicly Member States shall make publicly available, and communicate to the available through online and offline Commission and the Board, the name of means, and communicate to the their competent authority designated as Commission and the Board, the name of Digital Services Coordinator and their competent authority designated as information on how it can be contacted. Digital Services Coordinator and information on how it can be contacted.

Or. en

Amendment 1915 Karen Melchior, Anna Júlia Donáth

Proposal for a regulation Article 38 – paragraph 3 – subparagraph 2 a (new)

Text proposed by the Commission Amendment

This paragraph applies mutatis mutandis to the certification process for out-of- court dispute settlement bodies as described in Article 18(2) and the award of the status of trusted flagger as

PE695.163v01-00 26/157 AM\1235644EN.docx EN described in Article 19(2).

Or. en

Amendment 1916 Alessandra Basso, Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Jean-Lin Lacapelle, Virginie Joron on behalf of the ID Group

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 1917 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior, Marco Zullo

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 1918 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Claudia Gamon, Morten Løkkegaard, Svenja Hahn, Karen Melchior, Sandro Gozi, Stéphanie Yon-Courtin,

AM\1235644EN.docx 27/157 PE695.163v01-00 EN Liesje Schreinemacher

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

Justification

Without adequate financial and human resources, it will not be possible to enforce the many requirements of this Regulation

Amendment 1919 Petra Kammerevert, Christel Schaldemose, Evelyne Gebhardt, Sylvie Guillaume

Proposal for a regulation Article 38 a (new)

Text proposed by the Commission Amendment

Article 38a Relation to sector-specific provisions The application of these provisions does not affect areas that are subject to sector- specific regulation and provisions. In these areas, the responsibility for enforcing the provisions lies with the competent national authorities, which are organised in European networks. Within these networks, the competent authorities shall establish suitable procedures that allow for effective coordination and consistent application and enforcement of this Regulation.

Or. en

PE695.163v01-00 28/157 AM\1235644EN.docx EN Justification

These sector-specific authorities & regulators are long experienced, independent and competent in their task and there is no need to change that. Where coordination is needed and to ensure effective and consistent EU-wide enforcement, the European networks (such as ERGA for audiovisual media or BEREC for electronic communication) shall be responsible to deal with these matters and be tasked to develop effective and efficient cross-border procedures.

Amendment 1920 Barbara Thaler, Arba Kokalari

Proposal for a regulation Article 39 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall ensure that 1. Member States shall ensure that their Digital Services Coordinators perform their Digital Services Coordinators perform their tasks under this Regulation in an their tasks under this Regulation in an impartial, transparent and timely manner. impartial, transparent and timely manner. Member States shall ensure that their Member States shall ensure that their Digital Services Coordinators have Digital Services Coordinators have adequate technical, financial and human adequate technical, financial and human resources to carry out their tasks. resources to carry out their tasks. In addition, Member States shall ensure that their Digital Services Coordinators conduct exchange with the service providers to strengthen a common understanding regarding their business models as well as the legal necessities.

Or. en

Amendment 1921 Karen Melchior, Anna Júlia Donáth

Proposal for a regulation Article 39 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission Amendment

Member States shall ensure that the Digital Services Coordinators are legally distinct from the government and

AM\1235644EN.docx 29/157 PE695.163v01-00 EN functionally independent of their respective governments and of any other public or private body.

Or. en

Amendment 1922 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 39 – paragraph 2

Text proposed by the Commission Amendment

2. When carrying out their tasks and deleted exercising their powers in accordance with this Regulation, the Digital Services Coordinators shall act with complete independence. They shall remain free from any external influence, whether direct or indirect, and shall neither seek nor take instructions from any other public authority or any private party.

Or. fr

Amendment 1923 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 39 – paragraph 3

Text proposed by the Commission Amendment

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

PE695.163v01-00 30/157 AM\1235644EN.docx EN Or. fr

Amendment 1924 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation 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. To this end, Digital Services Coordinators shall protocol their carried- out tasks and exercised power in form of a report, which is to be published in the information sharing system pursuant to Article 67 of this Regulation and present it to the European Parliament.

Or. en

Amendment 1925 Alessandra Basso, Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Jean-Lin Lacapelle, Virginie Joron on behalf of the ID Group

Proposal for a regulation Article 39 – paragraph 3

Text proposed by the Commission Amendment

AM\1235644EN.docx 31/157 PE695.163v01-00 EN 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 law. law.

Or. en

Amendment 1926 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Morten Løkkegaard, Karen Melchior

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

Justification

When there is a dispute between an authority and a provider under Articles 8 and 9, it must be clear what is the final jurisdiction. Due its cross-border nature, taking into account the country of origin principle, this jurisdiction should be that of the Member States of establishment.

Amendment 1927 Geoffroy Didier, Sabine Verheyen, Brice Hortefeux, Nathalie Colin-Oesterlé

Proposal for a regulation Article 40 – paragraph 1

Text proposed by the Commission Amendment

PE695.163v01-00 32/157 AM\1235644EN.docx EN and IV of this Regulation. III, Sections 1 to 4, as well as Chapter IV.

Or. en

Amendment 1928 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior

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

Text proposed by the Commission Amendment

1a. By means 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 1929 Jean-Lin Lacapelle, Virginie Joron

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

Text proposed by the Commission Amendment

1a. The Member State in which an event which calls into question the service provider takes place or in which the natural or legal person who is the recipient of the service resides, shall also have jurisdiction for the purposes of Chapters III and IV of this Regulation.

Or. fr

AM\1235644EN.docx 33/157 PE695.163v01-00 EN Amendment 1930 Geoffroy Didier, Sabine Verheyen, Brice Hortefeux, Nathalie Colin-Oesterlé

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

Text proposed by the Commission Amendment

1a. The Member State where the consumers have their habitual residence shall have jurisdiction for the purposes of Chapter III, Section 3.

Or. en

Amendment 1931 Geoffroy Didier, Sabine Verheyen, Brice Hortefeux, Nathalie Colin-Oesterlé

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

Text proposed by the Commission Amendment

1b. The Member State where the authority issuing the order is situated shall have jurisdiction for the purposes of Articles 8 and 9.

Or. en

Amendment 1932 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 40 – paragraph 3

Text proposed by the Commission Amendment

3. Where a provider of intermediary 3. Where a provider of intermediary services fails to appoint a legal services fails to appoint a legal representative in accordance with Article representative in accordance with Article 11, all Member States shall have 11, all Member States shall have jurisdiction for the purposes of Chapters III jurisdiction for the purposes of Chapters III and IV. Where a Member State decides to and IV. Where a Member State decides to exercise jurisdiction under this paragraph, exercise jurisdiction under this paragraph,

PE695.163v01-00 34/157 AM\1235644EN.docx EN it shall inform all other Member States and it shall inform all other Member States. ensure that the principle of ne bis in idem Where a number of Member States decide is respected. to exercise jurisdiction with regard to the same service provider, they shall coordinate their actions, where necessary via the Board, ensuring that the principle of ne bis in idem is respected.

Or. fr

Amendment 1933 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 40 – paragraph 3

Text proposed by the Commission Amendment

Or. en

Justification

Clarification on which entity needs to be informed.

Amendment 1934 Alessandra Basso, Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Jean-Lin Lacapelle, Virginie Joron on behalf of the ID Group

Proposal for a regulation Article 40 – paragraph 3

AM\1235644EN.docx 35/157 PE695.163v01-00 EN Text proposed by the Commission Amendment

Or. en

Amendment 1935 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Claudia Gamon, Morten Løkkegaard, Svenja Hahn, Karen Melchior, Liesje Schreinemacher

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

Text proposed by the Commission Amendment

3a. Paragraph 3 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC and which are not very large online platforms. Such enterprises shall be deemed to be under the jurisdiction of the Member State where their point of contact resides or is established. Where no point of contract is established or resides in a Member State, paragraph 3 shall apply.

Or. en

Justification

For small providers of, for example, an app, it would be a burden to be subject to all DSCs when there is little or no risk. Nonetheless, if a provider does not have a point of contact, the should be subject to the whole article.

PE695.163v01-00 36/157 AM\1235644EN.docx EN Amendment 1936 Adam Bielan, Kosma Złotowski, Beata Mazurek

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

Text proposed by the Commission Amendment

3a. Member State shall have 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 1937 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 40 – paragraph 4

Text proposed by the Commission Amendment

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

Or. fr

Amendment 1938 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

AM\1235644EN.docx 37/157 PE695.163v01-00 EN 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, 2 and 3 are without prejudice to the second subparagraph of prejudice to the procedures for the Article 50(4) and the second supervision of very large online platforms subparagraph of Article 51(2) and the as laid out in Section 3. tasks and powers of the Commission under Section 3.

Or. en

Justification

For very large online platforms, a new European Platform Agency is established, that takes on the tasks originally foreseen for the Commission and the Board.

Amendment 1939 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior

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 1940 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 40 – paragraph 4

PE695.163v01-00 38/157 AM\1235644EN.docx EN Text proposed by the Commission Amendment

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

Or. en

Amendment 1941 Marc Angel, Christel Schaldemose, Maria Grapini, Andreas Schieder, Maria-Manuel Leitão-Marques, Evelyne Gebhardt

Proposal for a regulation Article 41 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Where needed for carrying out their 1. Where needed for carrying out their tasks, Digital Services Coordinators shall tasks under this Regulation and also in have at least the following powers of order to avoid any discrepancy in the investigation, in respect of conduct by enforcement of the Digital Services Act, providers of intermediary services under Digital Services Coordinators shall have at the jurisdiction of their Member State: least the following powers of investigation, in respect of conduct by providers of intermediary services under the jurisdiction of their Member State:

Or. en

Amendment 1942 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 41 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) the power to require those (a) the power to require those providers, as well as any other persons providers, as well as any other persons

AM\1235644EN.docx 39/157 PE695.163v01-00 EN acting for purposes related to their trade, acting for purposes related to their trade, business, craft or profession that may business, craft or profession that may reasonably be aware of information reasonably be aware of information relating to a suspected infringement of this relating to a suspected infringement of this Regulation, including, organisations Regulation, including, organisations performing the audits referred to in performing the audits referred to in Articles 28 and 50(3), to provide such Articles 28 and 50(3), to provide such information within a reasonable time information without undue delay, or at the period; latest within one month;

Or. en

Justification

GDPR has shown that fixed deadlines are necessary.

Amendment 1943 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 41 – paragraph 2 – subparagraph 1 – point a

Text proposed by the Commission Amendment

(a) the power to accept the deleted commitments offered by those providers in relation to their compliance with this Regulation and to make those commitments binding;

Or. en

Amendment 1944 Geoffroy Didier

Proposal for a regulation Article 41 – paragraph 2 – subparagraph 1 – point e

Text proposed by the Commission Amendment

(e) the power to adopt interim (e) the power to adopt interim measures to avoid the risk of serious harm. measures to address repeated infringement of the obligations laid down in the Regulation or to avoid the risk of serious harm.

PE695.163v01-00 40/157 AM\1235644EN.docx EN Or. en

Amendment 1945 Arba Kokalari, Andrey Kovatchev, Pablo Arias Echeverría, Andreas Schwab, Anna- Michelle Asimakopoulou, Maria da Graça Carvalho, Tomislav Sokol, Axel Voss, Ivan Štefanec, Pilar del Castillo Vera, Barbara Thaler

Proposal for a regulation Article 41 – paragraph 2 – subparagraph 1 – point e

Text proposed by the Commission Amendment

(e) the power to adopt interim (e) the power to adopt proportionate measures to avoid the risk of serious harm. interim measures to avoid the risk of serious harm, without prejudice to fundamental rights.

Or. en

Amendment 1946 Geoffroy Didier

Proposal for a regulation Article 41 – paragraph 2 – subparagraph 1 – point e a (new)

Text proposed by the Commission Amendment

(ea) For the purposes of sub-paragraph (e), the powers of Digital Service Coordinator shall include the ability to request the relevant judicial authority to: (i) issue an order to remove content or to restrict access to an online interface or to order the explicit display of a warning to consumers when they access an online interface; (ii) order a provider of a hosting service to remove, disable or restrict access to an online interface; (iii) where appropriate, order domain registries or registrars to delete a fully qualified domain name and to allow the competent authority concerned to register it, including by requesting at third party

AM\1235644EN.docx 41/157 PE695.163v01-00 EN or other public authority to implement such measures; or, (iv) order other appropriate measures under the circumstances.

Or. en

Amendment 1947 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 41 – paragraph 2 – subparagraph 2

Text proposed by the Commission Amendment

As regards points (c) and (d) of the first As regards points (c) and (d) of the first subparagraph, Digital Services subparagraph, Digital Services Coordinators shall also have the Coordinators shall also have the enforcement powers set out in those points enforcement powers set out in those points in respect of the other persons referred to in respect of the other persons referred to in paragraph 1 for failure to comply with in paragraph 1 for failure to comply with any of the orders issued to them pursuant any of the orders issued to them pursuant to that paragraph. They shall only exercise to that paragraph. They shall only exercise those enforcement powers after having those enforcement powers after having provided those others persons in good time provided those other persons in good time with all relevant information relating to with all relevant information relating to such orders, including the applicable time such orders, including the applicable time period, the fines or periodic payments that period, the fines or periodic payments that may be imposed for failure to comply and may be imposed for failure to comply and redress possibilities. redress possibilities.

Or. en

Justification

Linguistic fix

Amendment 1948 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

PE695.163v01-00 42/157 AM\1235644EN.docx EN Proposal for a regulation Article 41 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission Amendment

3Where needed for carrying out their tasks, Where needed for carrying out their tasks, Digital Services Coordinators shall also Digital Services Coordinators shall also have, in respect of providers of have, in respect of providers of intermediary services under the jurisdiction intermediary services under the jurisdiction of their Member State, where all other of their Member State, where all other powers pursuant to this Article to bring powers pursuant to this Article to bring about the cessation of an infringement have about the cessation of an infringement have been exhausted, the infringement persists been exhausted, the infringement persists and causes serious harm which cannot be or is continuously repeated and causes avoided through the exercise of other serious harm which cannot be avoided powers available under Union or national through the exercise of other powers law, the power to take the following available under Union or national law, the measures: power to take the following measures:

Or. en

Justification

To include infringements that ceased for a certain time but repeat themselves repeatedly.

Amendment 1949 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 41 – paragraph 3 – subparagraph 1 – point a

Text proposed by the Commission Amendment

(a) require the management body of the (a) require the management body of the providers, within a reasonable time period, providers, within a reasonable time period to examine the situation, adopt and submit which shall in any case not exceed three an action plan setting out the necessary months, to examine the situation, adopt measures to terminate the infringement, and submit an action plan setting out the ensure that the provider takes those necessary measures to terminate the measures, and report on the measures infringement, ensure that the provider takes taken; those measures, and report on the measures taken;

Or. en

AM\1235644EN.docx 43/157 PE695.163v01-00 EN Justification

To include a fixed deadline, as GDPR has shown that where these are lacking, proceedings risk to be dragged out.

Amendment 1950 Alessandra Basso, Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Jean-Lin Lacapelle, Virginie Joron on behalf of the ID Group

Proposal for a regulation Article 41 – paragraph 3 – subparagraph 1 – point a

Text proposed by the Commission Amendment

(a) require the management body of the (a) require the management body of the providers, within a reasonable time period, providers, within a reasonable time period, to examine the situation, adopt and submit to examine the situation, adopt and submit an action plan setting out the necessary an action plan setting out the necessary measures to terminate the infringement, measures to terminate the infringement, ensure that the provider takes those ensure that the provider takes those measures, and report on the measures measures, and report on the measures taken taken; within a specific period;

Or. en

Amendment 1951 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 41 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission Amendment

PE695.163v01-00 44/157 AM\1235644EN.docx EN Member State to order the temporary judicial authority of that Member State to restriction of access of recipients of the order the temporary restriction of access of service concerned by the infringement or, recipients of the service concerned by the only where that is not technically feasible, infringement or, only where that is not to the online interface of the provider of technically feasible, to the online interface intermediary services on which the of the provider of intermediary services on infringement takes place. which the infringement takes place.

Or. en

Justification

To include infringements that ceased for a certain time but repeat themselves repeatedly.

Amendment 1952 Alessandra Basso, Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Jean-Lin Lacapelle, Virginie Joron on behalf of the ID Group

Proposal for a regulation Article 41 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission Amendment

(b) where the Digital Services (b) where the Digital Services Coordinator considers that the provider has Coordinator considers that the provider has not sufficiently complied with the not complied with the requirements of the requirements of the first indent, that the first indent, that the infringement persists infringement persists and causes serious and causes serious harm, and that the harm, and that the infringement entails a infringement entails a serious criminal serious criminal offence involving a threat offence involving a threat to the life or to the life or safety of persons, request the safety of persons, request the competent competent judicial authority of that judicial authority of that Member State to Member State to order the temporary order the temporary restriction of access of restriction of access of recipients of the recipients of the service concerned by the service concerned by the infringement or, infringement or, only where that is not only where that is not technically feasible, technically feasible, to the online interface to the online interface of the provider of of the provider of intermediary services on intermediary services on which the which the infringement takes place. infringement takes place.

Or. en

Amendment 1953 Alexandra Geese

AM\1235644EN.docx 45/157 PE695.163v01-00 EN on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 41 – paragraph 3 – subparagraph 2

Text proposed by the Commission Amendment

The Digital Services Coordinator shall, The Digital Services Coordinator shall, except where it acts upon the prior to submitting the request referred to Commission’s request referred to in in point (b) of the first subparagraph, invite Article 65, prior to submitting the request interested parties to submit written referred to in point (b) of the first observations within a time period that shall subparagraph, invite interested parties to not be less than two weeks, describing the submit written observations within a time measures that it intends to request and period that shall not be less than two identifying the intended addressee or weeks, describing the measures that it addressees thereof. The provider, the intends to request and identifying the intended addressee or addressees and any intended addressee or addressees thereof. other third party demonstrating a legitimate The provider, the intended addressee or interest shall be entitled to participate in addressees and any other third party the proceedings before the competent demonstrating a legitimate interest shall be judicial authority. Any measure ordered entitled to participate in the proceedings shall be proportionate to the nature, before the competent judicial authority. gravity, recurrence and duration of the Any measure ordered shall be infringement, without unduly restricting proportionate to the nature, gravity, access to lawful information by recipients recurrence and duration of the of the service concerned. infringement, without unduly restricting access to lawful information by recipients of the service concerned.

Or. en

Justification

To align with changes proposed to Section 3, namely the introduction of an Agency for VLOPs.

Amendment 1954 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior

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

PE695.163v01-00 46/157 AM\1235644EN.docx EN 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 1955 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Claudia Gamon, Svenja Hahn, Karen Melchior, Sandro Gozi, Stéphanie Yon-Courtin

Proposal for a regulation Article 41 – paragraph 6 a (new)

Text proposed by the Commission Amendment

6a. The Commission shall publish guidelines by [six months after adoption] on the powers and procedures of the Digital Services Coordinators. Member States shall follow these guidelines or explain otherwise to the Commission.

Or. en

Justification

While Member States are free to organise their bodies as they would like, it is important that DSCs act as similar to each other as possible. This would allow providers to know what to expect. Equally, it will lead to fewer disagreements and misunderstands between DSCs.

Amendment 1956 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 42 – paragraph 2

AM\1235644EN.docx 47/157 PE695.163v01-00 EN Text proposed by the Commission Amendment

2. Penalties shall be effective, 2. Penalties shall be effective, proportionate and dissuasive. Member proportionate and dissuasive. Member States shall notify the Commission of those States shall notify the Commission and the rules and of those measures and shall Board of those rules and of those measures notify it, without delay, of any subsequent and shall notify them, without delay, of amendments affecting them. any subsequent amendments affecting them.

Or. fr

Amendment 1957 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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 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 10% of the annual worldwide turnover of the provider of intermediary income or turnover of the provider of services concerned. Penalties for the intermediary services concerned. Penalties supply of incorrect, incomplete or for the 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 2% of the annual income or turnover of the provider annual worldwide income or turnover of concerned. the provider concerned.

Or. en

Justification

1) Clarification of reference for turnover.2) Fines have turned out to be too small. VLOPs consider them cost of doing business. After FTC slapped Facebook with a record 5 billion dollar fine in 2019, FB shares went up.

PE695.163v01-00 48/157 AM\1235644EN.docx EN Amendment 1958 Jean-Lin Lacapelle, Virginie Joron

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 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 income or the global turnover of the provider of intermediary annual turnover of the provider of services concerned. Penalties for the intermediary services concerned. Penalties supply of incorrect, incomplete or for the 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 income or the global annual turnover of concerned. the provider concerned.

Or. fr

Amendment 1959 Barbara Thaler

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 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 2 % 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

AM\1235644EN.docx 49/157 PE695.163v01-00 EN concerned. concerned.

Or. en

Amendment 1960 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 42 – paragraph 4

Text proposed by the Commission Amendment

4. Member States shall ensure that the 4. Member States shall ensure that the maximum amount of a periodic penalty maximum amount of a periodic penalty payment shall not exceed 5 % of the payment shall not exceed 10 % of the average daily turnover of the provider of average daily worldwide turnover of the intermediary services concerned in the provider of intermediary services preceding financial year per day, calculated concerned in the preceding financial year from the date specified in the decision per day, calculated from the date specified concerned. in the decision concerned.

Or. en

Justification

Amendment 1961 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 42 – paragraph 4

Text proposed by the Commission Amendment

4. Member States shall ensure that the 4. Member States shall ensure that the maximum amount of a periodic penalty maximum amount of a periodic penalty payment shall not exceed 5 % of the payment shall not exceed 5% of the average daily turnover of the provider of average daily global turnover of the intermediary services concerned in the provider of intermediary services preceding financial year per day, calculated concerned in the preceding financial year

PE695.163v01-00 50/157 AM\1235644EN.docx EN from the date specified in the decision per day, calculated from the date specified concerned. in the decision concerned.

Or. fr

Amendment 1962 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Morten Løkkegaard, Karen Melchior

Proposal for a regulation Article 42 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4a. Member States shall ensure that administrative or judicial authorities issuing orders pursuant to Article 8 and 9 shall only issue penalties or fines in line with this Article.

Or. en

Justification

As penalties and fines are fixed in the Regulation, it would not be correct to allow unrelated authorities to issue additional fines outside the scope of the rules set down in this regulation

Amendment 1963 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Claudia Gamon, Morten Løkkegaard, Svenja Hahn, Karen Melchior, Liesje Schreinemacher

Proposal for a regulation Article 42 a (new)

Text proposed by the Commission Amendment

Article 42a General conditions for imposing penalties 1. Before penalties are issued under Article 42, when deciding whether to impose a penalty and deciding on the amount of the penalty in each individual case due regard shall be given to the following:

AM\1235644EN.docx 51/157 PE695.163v01-00 EN (a) the nature, gravity and duration of the infringement taking into account the nature scope or purpose of the processing concerned as well as the number of recipients affected and the level of damage suffered by them; (b) the intentional or negligent character of the infringement; (c) any action taken by the provider to mitigate the damage of the infringement; (d) the degree of responsibility of the provider taking into account any other providers involved; (e) any relevant previous infringements by the provider; (f) the degree of cooperation with the Digital Services Coordinator(s),in order to remedy the infringement and mitigate the possible adverse effects of the infringement; (g) the manner in which the infringement became known to the Member State; (h) where infringement have previously been ordered against the provider concerned with regard to the same subject-matter, compliance with those measures; (i) adherence to approved codes of conduct pursuant to Article35 and 36; and (k) any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement. 2. If a provider infringes several provisions of this Regulation, the total amount of the penalty shall not exceed the amount specified in Article 42 (3). 3. The exercise by a Member State of its powers under this Article and Article 42 shall be subject to appropriate

PE695.163v01-00 52/157 AM\1235644EN.docx EN procedural safeguards in accordance with Union and Member State law, including effective judicial remedy and due process.

Or. en

Justification

Same Rules that applied under the GDPR. When deciding on sanctions or fines, it is appropriate to take into account the different factors around the case before deciding. This should be set down in order to ensure that the same standards are applied in all cases.

Amendment 1964 Geoffroy Didier, Sabine Verheyen, Brice Hortefeux, Nathalie Colin-Oesterlé

Proposal for a regulation Article 42 a (new)

Text proposed by the Commission Amendment

Article 42a In accordance with the conditional exemption from liability laid down in Article 1(1)(a), Member States shall ensure that the penalty for repeatedly failing to comply with the obligations under this Regulation includes the horizontal loss of the liability exemption for the intermediary service provider.

Or. en

Amendment 1965 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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, as well as bodies, right to lodge a complaint against providers organisations or associations referred to of intermediary services alleging an in Article 68, independently of a

AM\1235644EN.docx 53/157 PE695.163v01-00 EN infringement of this Regulation with the recipient’s mandate, shall have the right to Digital Services Coordinator of the lodge a complaint against providers of Member State where the recipient resides intermediary services alleging an or is established. The Digital Services infringement of this Regulation with the Coordinator shall assess the complaint and, Digital Services Coordinator of the where appropriate, transmit it to the Digital Member State where the recipient resides Services Coordinator of establishment. or is established. The Digital Services Where the complaint falls under the Coordinator shall assess the complaint and, responsibility of another competent where appropriate, transmit it to the Digital authority in its Member State, the Digital Services Coordinator of establishment Service Coordinator receiving the without undue delay. Where the complaint complaint shall transmit it to that authority. 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 without undue delay. Where the complaint falls under the responsibility of the Agency, the Digital Service Coordinator receiving the complaint shall transmit it to the Agency without undue delay.

Or. en

Justification

To align with the suggested changes in Section 3, namely, the introduction for an agency for VLOPs and to clarify that transmissions must be handled expeditiously. Further, inspired by the bad experience from the slow handling of complaints under the GDPR.

Amendment 1966 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 43 – paragraph 1

Text proposed by the Commission Amendment

PE695.163v01-00 54/157 AM\1235644EN.docx EN Digital Services Coordinator of establishment. 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. fr

Amendment 1967 Adam Bielan, Kosma Złotowski, Beata Mazurek

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, transmit it to the Digital Services Coordinator of establishment. Services Coordinator of establishment. 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

AM\1235644EN.docx 55/157 PE695.163v01-00 EN Amendment 1968 Geoffroy Didier, Sabine Verheyen, Brice Hortefeux, Nathalie Colin-Oesterlé

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, as well as other right to lodge a complaint against providers parties having a legitimate interest and of intermediary services alleging an meeting relevant criteria of expertise and infringement of this Regulation with the independence from any online hosting Digital Services Coordinator of the services provider or platform shall have Member State where the recipient resides the right to lodge a complaint against or is established. The Digital Services providers of intermediary services alleging Coordinator shall assess the complaint and, an infringement of this Regulation with the where appropriate, transmit it to the Digital Digital Services Coordinator of the Services Coordinator of establishment. Member State where the recipient resides Where the complaint falls under the or is established. The Digital Services responsibility of another competent Coordinator shall assess the complaint and, authority in its Member State, the Digital where appropriate, transmit it to the Digital Service Coordinator receiving the Services Coordinator of establishment. complaint shall transmit it to that authority. 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 1969 Karen Melchior, Anna Júlia Donáth

Proposal for a regulation Article 43 – paragraph 1

Text proposed by the Commission Amendment

PE695.163v01-00 56/157 AM\1235644EN.docx EN Services Coordinator of establishment. assess the complaint and, where Where the complaint falls under the appropriate, transmit it to the Digital responsibility of another competent Services Coordinator of establishment or authority in its Member State, the Digital in the case of very large online platforms, Service Coordinator receiving the the Commission. Where the complaint complaint shall transmit it to that authority. 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 1970 Adam Bielan, Kosma Złotowski, Eugen Jurzyca, Beata Mazurek

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 1971 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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

AM\1235644EN.docx 57/157 PE695.163v01-00 EN Text proposed by the Commission Amendment

Recipients of the service or their representatives that lodged the complaint should have a right to be heard in the procedure conducted by the competent authority and should be informed about each stage of the procedure by the Digital Services Coordinator assessing their claim. They shall obtain a response from the Digital Coordinator within three months since they lodged their complaint.

Or. en

Amendment 1972 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior

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 1973 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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

Text proposed by the Commission Amendment

A decision on the complaint shall be taken without delay and within 6 months at the

PE695.163v01-00 58/157 AM\1235644EN.docx EN latest.

Or. en

Amendment 1974 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior

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\1235644EN.docx 59/157 PE695.163v01-00 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 1975 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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 a clear and detailed annual report under this Regulation. They shall make the on their activities under this Regulation. annual reports available to the public, and They shall make the annual reports shall communicate them to the available to the public in a standardised Commission and to the Board. and machine-readable format, and shall communicate them to the Agency.

Or. en

Amendment 1976 Adam Bielan, Kosma Złotowski, Eugen Jurzyca, Beata Mazurek

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

PE695.163v01-00 60/157 AM\1235644EN.docx EN Articles 8, 8a and 9 by any national judicial or administrative authority of the Member State of the Digital Services Coordinator concerned;

Or. en

Amendment 1977 Jean-Lin Lacapelle, Virginie Joron

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

Text proposed by the Commission Amendment

(a) the number and subject matter of (Does not affect the English version.) orders to act against illegal content and orders to provide information issued in accordance with Articles 8 and 9 by any national judicial or administrative authority of the Member State of the Digital Services Coordinator concerned;

Or. fr

Amendment 1978 Arba Kokalari, Pablo Arias Echeverría, Andreas Schwab, Anna-Michelle Asimakopoulou, Tomislav Sokol, Axel Voss, Ivan Štefanec

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

Text proposed by the Commission Amendment

(ba) the conditions met to justify any order to act against illegal content and to provide information taken that derogates from the internal market clause in accordance with Article 3 of Directive 2000/31/EC.

Or. en

AM\1235644EN.docx 61/157 PE695.163v01-00 EN Justification

To prevent fragmentation of the internal market.

Amendment 1979 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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

Text proposed by the Commission Amendment

(ba) the number of appeals made against those orders raised by providers of intermediary services or recipients of the service as well as the outcome of appeals;

Or. en

Amendment 1980 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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

Text proposed by the Commission Amendment

(bb) in the case of criminal law violations, the number of orders which led to investigation and prosecution of the underlying offences.

Or. en

Amendment 1981 Adam Bielan, Kosma Złotowski, Eugen Jurzyca, Beata Mazurek

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

PE695.163v01-00 62/157 AM\1235644EN.docx EN 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 Services Coordinators.

Or. en

Amendment 1982 Adam Bielan, Kosma Złotowski, Eugen Jurzyca, Beata Mazurek

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 1983 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

AM\1235644EN.docx 63/157 PE695.163v01-00 EN Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Where a Digital Services Coordinator has Where a Digital Services Coordinator has reasons to suspect that a provider of an reasons to suspect that a provider of an intermediary service, not under the intermediary service, not under the jurisdiction of the Member State jurisdiction of the Member State concerned concerned, infringed this Regulation, it and not falling under the procedures laid shall request the Digital Services out in Section 3, infringed this Regulation, Coordinator of establishment to assess the it shall request the Digital Services matter and take the necessary investigatory Coordinator of establishment to assess the and enforcement measures to ensure matter and take the necessary investigatory compliance with this Regulation. and enforcement measures to ensure compliance with this Regulation.

Or. en

Justification

To align with suggested changes to Section 3, namely the introduction of an agency for VLOPs.

Amendment 1984 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 45 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

Where the Board has reasons to suspect Where the Agency 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 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

PE695.163v01-00 64/157 AM\1235644EN.docx EN Justification

To align with suggested changes to Section 3, namely the introduction of an agency for VLOPs.

Amendment 1985 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 45 – paragraph 1 – subparagraph 2

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

Amendment 1986 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior

Proposal for a regulation Article 45 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

Or. en

AM\1235644EN.docx 65/157 PE695.163v01-00 EN Amendment 1987 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Claudia Gamon, Morten Løkkegaard, Svenja Hahn

Proposal for a regulation Article 45 – paragraph 1 – subparagraph 2

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 four Member States, it may recommend the Digital Services may recommend 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

Justification

Such decisions should be based on the widest base of Member States, therefore four instead of three would be a correct number.

Amendment 1988 Adam Bielan, Kosma Złotowski, Eugen Jurzyca, Beata Mazurek

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

PE695.163v01-00 66/157 AM\1235644EN.docx EN Amendment 1989 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné

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

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 1990 Martin Schirdewan, Anne-Sophie Pelletier

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

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 1991 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 45 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) a description of the relevant facts, (b) a description of the relevant facts, the provisions of this Regulation concerned the provisions of this Regulation concerned and the reasons why the Digital Services and the reasons why the Digital Services Coordinator that sent the request, or the Coordinator that sent the request, or the

AM\1235644EN.docx 67/157 PE695.163v01-00 EN Board, suspects that the provider infringed Agency, suspects that the provider this Regulation; infringed this Regulation;

Or. en

Justification

To align with suggested changes to Section 3, namely the introduction of an agency for VLOPs.

Amendment 1992 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 45 – paragraph 2 – point c

Text proposed by the Commission Amendment

(c) any other information that the (c) any other information that the Digital Services Coordinator that sent the Digital Services Coordinator that sent the request, or the Board, considers relevant, request, or the Agency, considers relevant, including, where appropriate, information including, where appropriate, information gathered on its own initiative or gathered on its own initiative or suggestions for specific investigatory or suggestions for specific investigatory or enforcement measures to be taken, enforcement measures to be taken, including interim measures. including interim measures.

Or. en

Justification

To align with suggested changes to Section 3, namely the introduction of an agency for VLOPs.

Amendment 1993 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Claudia Gamon, Morten Løkkegaard, Svenja Hahn, Karen Melchior

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

PE695.163v01-00 68/157 AM\1235644EN.docx EN Text proposed by the Commission Amendment

2a. A request or recommendation pursuant to paragraph 1 shall be at the same time as it is communicated to the Digital Services Coordinator of establishment be transmitted to the Commission. Where the Commission believes that the request or recommendation is unmerited or where the Commission is currently taking action on the same substantial matter, the Commission can ask for the request or recommendation to be withdrawn.

Or. en

Justification

In order to prevent actions that may not be in line with this regulation or other Union acts and to prevent the potential doubling of efforts, the Commission should have the power to request that a request or recommendation is suspended.

Amendment 1994 Adam Bielan, Kosma Złotowski, Eugen Jurzyca, Beata Mazurek

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

AM\1235644EN.docx 69/157 PE695.163v01-00 EN Amendment 1995 Martin Schirdewan, Anne-Sophie Pelletier

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 pursuant to paragraph 1. Where it 1. If the request does not include the considers that it has insufficient elements mentioned under 2 (a) and (b), it information to act upon the request or may request such information once. The recommendation and has reasons to time period laid down in paragraph 4 shall consider that the Digital Services be suspended until that additional Coordinator that sent the request, or the information is provided. Board, could provide additional 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

Amendment 1996 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, 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 information, it may request such

PE695.163v01-00 70/157 AM\1235644EN.docx EN additional information is provided. information. The time period laid down in paragraph 4 shall be suspended until that additional information is provided.

Or. en

Amendment 1997 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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 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 Agency, 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

Justification

To align with suggested changes to Section 3, namely the introduction of an agency for VLOPs.

Amendment 1998 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior

Proposal for a regulation Article 45 – paragraph 4

AM\1235644EN.docx 71/157 PE695.163v01-00 EN 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 1999 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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 Agency, its assessment of suspected infringement, or that of any other the suspected infringement, or that of any competent authority pursuant to national other competent authority pursuant to law where relevant, and an explanation of national law where relevant, and an any investigatory or enforcement measures explanation of any 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 with this Regulation.

PE695.163v01-00 72/157 AM\1235644EN.docx EN Or. en

Justification

To align with suggested changes to Section 3, namely the introduction of an agency for VLOPs.

Amendment 2000 Martin Schirdewan, Anne-Sophie Pelletier

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 one month following receipt of the request or following receipt of the request, recommendation, communicate to the communicate to the Digital Services Digital Services Coordinator that sent the Coordinator that sent the request, or the request, or the Board, its assessment of the Board, its assessment of the suspected suspected infringement, or that of any other 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 2001 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 45 – paragraph 5

Text proposed by the Commission Amendment

AM\1235644EN.docx 73/157 PE695.163v01-00 EN Coordinator of establishment, it may refer Coordinator of establishment, it may refer the matter to the Commission, providing the matter to the Board, providing all 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 to the Digital Services Coordinator of establishment, any Services Coordinator of establishment, any additional information provided pursuant additional information provided pursuant to paragraph 3 and the communication to paragraph 3 and the communication referred to in paragraph 4. referred to in paragraph 4. The Board shall resend the request set out in paragraph 1 to the Digital Services Coordinator of establishment. The Digital Services Coordinator of establishment shall assess the request and transmit its reply in accordance with the conditions set out in paragraphs 3 and 4. If the Board, having drawn up a request involving at least three Member States or a request pursuant to the first subparagraph, has not received a reply by the deadline set out in paragraph 4, or if it does not agree with the assessment of the Digital Services Coordinator of establishment, it shall adopt a decision and shall transmit instructions to the Commission concerning the measures to be taken on the basis of that decision.

Or. fr

Amendment 2002 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné

Proposal for a regulation Article 45 – paragraph 5

Text proposed by the Commission Amendment

PE695.163v01-00 74/157 AM\1235644EN.docx EN 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 2003 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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 Agency, 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 the matter to the Agency, providing all 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 to the Digital Services Coordinator of establishment, any Services Coordinator of establishment, any additional information provided pursuant additional information provided pursuant to paragraph 3 and the communication to paragraph 3 and the communication referred to in paragraph 4. referred to in paragraph 4.

Or. en

Justification

To align with suggested changes to Section 3, namely the introduction of an agency for VLOPs.

AM\1235644EN.docx 75/157 PE695.163v01-00 EN Amendment 2004 Martin Schirdewan, Anne-Sophie Pelletier

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

Or. en

Amendment 2005 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 45 – paragraph 6

Text proposed by the Commission Amendment

6. The Commission shall assess the 6. The Commission shall carry out the matter within three months following the instructions received pursuant to referral of the matter pursuant to paragraph 5 without delay. paragraph 5, after having consulted the Digital Services Coordinator of establishment and, unless it referred the matter itself, the Board.

Or. fr

PE695.163v01-00 76/157 AM\1235644EN.docx EN Amendment 2006 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior

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 2007 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 45 – paragraph 6

Text proposed by the Commission Amendment

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

Or. en

Justification

To align with suggested changes to Section 3, namely the introduction of an agency for VLOPs.

AM\1235644EN.docx 77/157 PE695.163v01-00 EN Amendment 2008 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 45 – paragraph 6

Text proposed by the Commission Amendment

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

Or. en

Amendment 2009 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 45 – paragraph 7

Text proposed by the Commission Amendment

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

Or. fr

Amendment 2010 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior

PE695.163v01-00 78/157 AM\1235644EN.docx EN Proposal for a regulation Article 45 – paragraph 7

Text proposed by the Commission Amendment

7. Where, pursuant to paragraph 6, 7. Where, pursuant to paragraph6, the the Commission concludes that 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 2011 Adam Bielan, Kosma Złotowski, Eugen Jurzyca, Beata Mazurek

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

AM\1235644EN.docx 79/157 PE695.163v01-00 EN 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 shall be also transmitted to the Digital Services Coordinator or the Board that initiated the proceedings pursuant to paragraph 1.

Or. en

Amendment 2012 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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

Or. en

Justification

To align with suggested changes to Section 3, namely the introduction of an agency for VLOPs.

Amendment 2013 Martin Schirdewan, Anne-Sophie Pelletier

PE695.163v01-00 80/157 AM\1235644EN.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 or the Board concludes that or the investigatory or enforcement the assessment or the investigatory or measures taken or envisaged pursuant to enforcement measures taken or envisaged paragraph 4 are incompatible with this pursuant to paragraph 4 are incompatible Regulation, it shall request the Digital with this Regulation, it shall request the Service Coordinator of establishment to Digital Service Coordinator of further assess the matter and take the establishment to take the necessary necessary investigatory or enforcement investigatory or enforcement measures to measures to ensure compliance with this ensure compliance with this Regulation, Regulation, and to inform it about those and to inform it about those measures taken measures taken within two months from within one month from that request. that request.

Or. en

Amendment 2014 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior

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 2015 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 46 – title

Text proposed by the Commission Amendment

Joint investigations and requests for Joint investigations and requests for

AM\1235644EN.docx 81/157 PE695.163v01-00 EN Commission intervention Commission or Board intervention

Or. en

Amendment 2016 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 46 – title

Text proposed by the Commission Amendment

Joint investigations and requests for Joint investigations and requests for Commission intervention Agency intervention

Or. en

Justification

To align with suggested changes to Section 3, namely the introduction of an agency for VLOPs.

Amendment 2017 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Morten Løkkegaard, Karen Melchior

Proposal for a regulation Article 46 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Digital Services Coordinators may Digital Services Coordinators may participate in joint investigations, which participate in joint investigations, which may be coordinated with the support of the may be coordinated with the support of the Board, with regard to matters covered by Board, with regard to matters covered by this Regulation, concerning providers of this Regulation, concerning providers of intermediary services operating in several intermediary services operating in several Member States. Member States. Such joint investigations shall be under the supervision of Digital Services Coordinator of establishment of the provider under investigation,

Or. en

PE695.163v01-00 82/157 AM\1235644EN.docx EN Justification

During joint investigations, it is important to have a single entity organising and responsible for that investigation. Based on the governance structure, it is logical that that entity would be the DSC of establishment of the provider being investigated, especially as any physical investigation will likely take place on its territory.

Amendment 2018 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 46 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Digital Services Coordinators may Digital Services Coordinators may participate in joint investigations, which participate in joint investigations, which may be coordinated with the support of the may be coordinated with the support of the Board, with regard to matters covered by Agency, with regard to matters covered by this Regulation, concerning providers of this Regulation, concerning providers of intermediary services operating in several intermediary services operating in several Member States. Member States.

Or. en

Justification

To align with suggested changes to Section 3, namely the introduction of an agency for VLOPs.

Amendment 2019 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 46 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

Such joint investigations are without Such joint investigations are without prejudice to the tasks and powers of the prejudice to the tasks and powers of the participating Digital Coordinators and the participating Digital Services Coordinators requirements applicable to the performance and the requirements applicable to the

AM\1235644EN.docx 83/157 PE695.163v01-00 EN of those tasks and exercise of those powers performance of those tasks and exercise of provided in this Regulation. The those powers provided in this Regulation. participating Digital Services Coordinators The participating Digital Services shall make the results of the joint Coordinators shall make the results of the investigations available to other Digital joint investigations available to other Services Coordinators, the Commission Digital Services Coordinators and the and the Board through the system provided Agency through the system provided for in for in Article 67 for the fulfilment of their Article 67 for the fulfilment of their respective tasks under this Regulation. respective tasks under this Regulation.

Or. en

Justification

To align with suggested changes to Section 3, namely the introduction of an agency for VLOPs.

Amendment 2020 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior

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 2021 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior

PE695.163v01-00 84/157 AM\1235644EN.docx EN Proposal for a regulation 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 Article 13 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; and (d) to request interim measures, as referred to in Article 41(2)(e).

Or. en

Amendment 2022 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior

AM\1235644EN.docx 85/157 PE695.163v01-00 EN Proposal for a regulation 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 2023 Martin Schirdewan, Anne-Sophie Pelletier

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 of establishment or the Digital to suspect that a very large online platform Services Coordinators of at least three infringed this Regulation, it may request Member States have reasons to suspect the Commission to take the necessary that a very large online platform infringed investigatory and enforcement measures to this Regulation, it may either request the ensure compliance with this Regulation in Commission or the Board to take the accordance with Section 3. Such a request necessary investigatory and enforcement shall contain all information listed in measures or launch a joint investigation to Article 45(2) and set out the reasons for ensure compliance with this Regulation in requesting the Commission to intervene. accordance with Section 3. Such a request shall contain all information listed in Article 45(2) and set out the reasons for requesting the Commission or the Board to intervene.

Or. en

PE695.163v01-00 86/157 AM\1235644EN.docx EN Amendment 2024 Jean-Lin Lacapelle, Virginie Joron

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 of establishment has reasons to suspect that a very large online platform to suspect that a very large online platform infringed this Regulation, it may request infringed this Regulation, it may request the Commission to take the necessary the Board to take the necessary investigatory and enforcement measures to investigatory and enforcement measures to ensure compliance with this Regulation in ensure 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 an intervention, on which the Board shall act by vote, transmitting the conclusions to the Commission.

Or. fr

Amendment 2025 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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 of establishment has reasons to suspect that a very large online platform to suspect that a very large online platform infringed this Regulation, it may request infringed this Regulation, it may request the Commission to take the necessary the Agency to take the necessary investigatory and enforcement measures to investigatory and enforcement measures to ensure compliance with this Regulation in ensure 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 Agency to intervene.

AM\1235644EN.docx 87/157 PE695.163v01-00 EN Or. en

Justification

To align with suggested changes to Section 3, namely the introduction of an agency for VLOPs.

Amendment 2026 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 47 – title

Text proposed by the Commission Amendment

European Board for Digital Services European Platform Agency

Or. en

Amendment 2027 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 47 – title

Text proposed by the Commission Amendment

European Board for Digital Services European Platform Agency

Or. en

Amendment 2028 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 47 – paragraph 1

Text proposed by the Commission Amendment

1. An independent advisory group of 1. In order to ensure the consistent

PE695.163v01-00 88/157 AM\1235644EN.docx EN Digital Services Coordinators on the application of this Regulation, the supervision of providers of intermediary ‘European Board for Digital Services’ (the services named ‘European Board for ‘Board’) is established as a body of the Digital Services’ (the ‘Board’) is Union. The Board shall have legal established. personality. The board shall act independently when performing its task or exercising its powers. The board shall be represented by its Chair.

Or. en

Amendment 2029 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 47 – paragraph 1

Text proposed by the Commission Amendment

1. An independent advisory group of 1. A body comprising the Digital Digital Services Coordinators on the Services Coordinators named ‘European supervision of providers of intermediary Board for Digital Services’ (the ‘Board’) is services named ‘European Board for established. Digital Services’ (the ‘Board’) is established.

Or. fr

Amendment 2030 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Claudia Gamon, Morten Løkkegaard, Svenja Hahn, Karen Melchior, Liesje Schreinemacher

Proposal for a regulation Article 47 – paragraph 1

Text proposed by the Commission Amendment

1. An independent advisory group of 1. An independent advisory group of Digital Services Coordinators on the Digital Services Coordinators on the supervision of providers of intermediary supervision of providers of intermediary services named ‘European Board for services named ‘European Board for Digital Services’ (the ‘Board’) is Digital Services’ (the ‘Board’) is established. established and shall have legal personality.

AM\1235644EN.docx 89/157 PE695.163v01-00 EN Or. en

Justification

Most similar boards, including in the GDPR, have legal personality. Due to the importance of the decisions taken here, it should equally be the case.

Amendment 2031 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 47 – paragraph 1

Text proposed by the Commission Amendment

1. An independent advisory group of 1. An independent oversight body for Digital Services Coordinators on the providers of very large online platforms supervision of providers of intermediary named ‘European Platform Agency’ (the services named ‘European Board for ‘Agency’) is established as a body of the Digital Services’ (the ‘Board’) is Union and shall have legal personality. established.

Or. en

Amendment 2032 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 47 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. The Agency shall be responsible for all matters relating to the application and enforcement of this Regulation for very large online platforms, in accordance with the procedures laid out in Section 3 of this Regulation.

Or. en

PE695.163v01-00 90/157 AM\1235644EN.docx EN Amendment 2033 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 47 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The Board shall advise the Digital 2. The Board shall work together with Services Coordinators and the the Commission to ensure the monitoring Commission in accordance with this of providers of intermediary services and Regulation to achieve the following the application of this Regulation. objectives:

Or. fr

Amendment 2034 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 47 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The Board shall advise the Digital 2. The Board shall take decisions in Services Coordinators and the accordance with this Regulation to achieve Commission in accordance with this the following objectives: Regulation to achieve the following objectives:

Or. en

Amendment 2035 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 47 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The Board shall advise the Digital 2. The Agency shall advise the Digital

AM\1235644EN.docx 91/157 PE695.163v01-00 EN Services Coordinators and the Services Coordinators in accordance with Commission in accordance with this this Regulation to achieve the following Regulation to achieve the following objectives: objectives:

Or. en

Justification

To align with suggested changes to Paragraph 1 and Section 3 of Chapter IV.

Amendment 2036 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 47 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) Contributing to the consistent deleted application of this Regulation and effective cooperation of the Digital Services Coordinators and the Commission with regard to matters covered by this Regulation;

Or. fr

Amendment 2037 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 47 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) Contributing to the consistent (a) Ensuring the consistent application application of this Regulation and effective across the Union of this Regulation and cooperation of the Digital Services effective cooperation of the Digital Coordinators and the Commission with Services Coordinators and the Commission regard to matters covered by this with regard to matters covered by this Regulation; Regulation;

Or. en

PE695.163v01-00 92/157 AM\1235644EN.docx EN Amendment 2038 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 47 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) Contributing to the consistent (a) Contributing to the consistent application of this Regulation and effective application of this Regulation and effective cooperation of the Digital Services cooperation of the Digital Services Coordinators and the Commission with Coordinators with regard to matters regard to matters covered by this covered by this Regulation; Regulation;

Or. en

Justification

To align with suggested changes to Paragraph 1 and Section 3 of Chapter IV. To align with suggested changes to Paragraph 1.

Amendment 2039 Arba Kokalari, Pablo Arias Echeverría, Andreas Schwab, Anna-Michelle Asimakopoulou, Maria da Graça Carvalho, Tomislav Sokol, Axel Voss, Ivan Štefanec

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 Article 3 of Directive 2000/31/EC to prevent fragmentation of the digital single market;

Or. en

Amendment 2040 Jean-Lin Lacapelle, Virginie Joron

AM\1235644EN.docx 93/157 PE695.163v01-00 EN Proposal for a regulation Article 47 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) coordinating and contributing to deleted guidance and analysis of the Commission and Digital Services Coordinators and other competent authorities on emerging issues across the internal market with regard to matters covered by this Regulation;

Or. fr

Amendment 2041 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 47 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) coordinating and contributing to (b) coordinating and providing guidance and analysis of the Commission guidance and analysis of the Commission and Digital Services Coordinators and and Digital Services Coordinators and other competent authorities on emerging other competent authorities on emerging issues across the internal market with issues across the internal market with regard to matters covered by this regard to matters covered by this Regulation; Regulation;

Or. en

Amendment 2042 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 47 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) coordinating and contributing to (b) coordinating and contributing to guidance and analysis of the Commission guidance and analysis of the Digital

PE695.163v01-00 94/157 AM\1235644EN.docx EN and Digital Services Coordinators and Services Coordinators and other competent other competent authorities on emerging authorities on emerging issues across the issues across the internal market with internal market with regard to matters regard to matters covered by this covered by this Regulation; Regulation;

Or. en

Justification

To align with suggested changes to Paragraph 1 and Section 3 of Chapter IV.

Amendment 2043 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 47 – paragraph 2 – point c

Text proposed by the Commission Amendment

(c) assisting the Digital Services deleted Coordinators and the Commission in the supervision of very large online platforms.

Or. fr

Amendment 2044 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 47 – paragraph 2 – point c

Text proposed by the Commission Amendment

(c) assisting the Digital Services deleted Coordinators and the Commission in the supervision of very large online platforms.

Or. en

Justification

To align with suggested changes to Paragraph 1 and Section 3 of Chapter IV.

AM\1235644EN.docx 95/157 PE695.163v01-00 EN Amendment 2045 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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

Text proposed by the Commission Amendment

2a. In so far as is necessary in order to achieve the objectives set out in this Regulation, and without prejudice to the competence of the Member States and of the Union institutions, the Agency may cooperate with the competent authorities of third countries and with international organisations. To that end, the Agency may, subject to the authorisation of the Oversight Board and after the approval of the Commission, establish working arrangements with the competent authorities of third countries and with international organisations. Those arrangements shall not create legal obligations on the Union or the Member States.

Or. en

Amendment 2046 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 48 – title

Text proposed by the Commission Amendment

Structure of the Board Organisation of the Board

Or. fr

PE695.163v01-00 96/157 AM\1235644EN.docx EN Amendment 2047 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 48 – title

Text proposed by the Commission Amendment

Structure of the Board Structure of the Agency

Or. en

Amendment 2048 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 48 – paragraph 1

Text proposed by the Commission Amendment

1. The Board shall be composed of 1. The Agency shall be composed of the Digital Services Coordinators, who the operating part of the Agency and an shall be represented by high-level Oversight Board. officials. Where provided for by national law, other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this Regulation alongside the Digital Services Coordinator shall participate in the Board. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.

Or. en

Amendment 2049 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Claudia Gamon, Morten Løkkegaard, Svenja Hahn, Karen Melchior, Liesje Schreinemacher

Proposal for a regulation Article 48 – paragraph 1

AM\1235644EN.docx 97/157 PE695.163v01-00 EN Text proposed by the Commission Amendment

1. The Board shall be composed of the 1. The Board shall be composed of the Digital Services Coordinators, who shall be Digital Services Coordinators, who shall be represented by high-level officials. Where represented by high-level officials. Where provided for by national law, other provided for by national law, other competent authorities entrusted with competent authorities entrusted with specific operational responsibilities for the specific operational responsibilities for the application and enforcement of this application and enforcement of this Regulation alongside the Digital Services Regulation alongside the Digital Services Coordinator shall participate in the Board. Coordinator may participate in the Board. Other national authorities may be invited to Other national authorities may be invited to the meetings, where the issues discussed the meetings, where the issues discussed are of relevance for them. are of relevance for them. Member State has more than one representative present, solely the final word of the Digital Services Coordinator shall be taken as the position of the Member State in question.

Or. en

Justification

It must be clear the hierarchy of decision-making. The Digital Services Coordinator shall have the solely final decision, including on decisions taken without a vote.

Amendment 2050 Petra Kammerevert, Christel Schaldemose, Evelyne Gebhardt

Proposal for a regulation Article 48 – paragraph 1

Text proposed by the Commission Amendment

1. The Board shall be composed of the 1. The Board shall be composed of the Digital Services Coordinators, who shall be Digital Services Coordinators, who shall be represented by high-level officials. Where represented by high-level officials. Where provided for by national law, other provided for by national law, other competent authorities entrusted with competent authorities entrusted with specific operational responsibilities for the specific operational responsibilities for the application and enforcement of this application and enforcement of this Regulation alongside the Digital Services Regulation alongside the Digital Services Coordinator shall participate in the Board. Coordinator, notably representatives of Other national authorities may be invited to European regulatory networks of the meetings, where the issues discussed independent national regulatory are of relevance for them. authorities, bodies or both, shall

PE695.163v01-00 98/157 AM\1235644EN.docx EN participate in the Board . Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.

Or. en

Amendment 2051 Alessandra Basso, Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Jean-Lin Lacapelle, Virginie Joron on behalf of the ID Group

Proposal for a regulation Article 48 – paragraph 1

Text proposed by the Commission Amendment

1. The Board shall be composed of the 1. The Board shall be composed of the Digital Services Coordinators, who shall be Digital Services Coordinators, who shall be represented by high-level officials. Where represented by high-level officials. Where provided for by national law, other provided for by national law, other competent authorities entrusted with competent authorities entrusted with specific operational responsibilities for the specific operational responsibilities for the application and enforcement of this application and enforcement of this Regulation alongside the Digital Services Regulation alongside the Digital Services Coordinator shall participate in the Board. Coordinator shall participate in the Board. Other national authorities may be invited to Other national authorities may be invited to the meetings, where the issues discussed the meetings, where the issues discussed are of relevance for them. are of relevance for them. The meeting is deemed valid when at least two third of the eligible members are present.

Or. en

Amendment 2052 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 48 – paragraph 1

Text proposed by the Commission Amendment

1. The Board shall be composed of 1. Where provided for by national the Digital Services Coordinators, who law, other competent authorities entrusted shall be represented by high-level with specific operational responsibilities

AM\1235644EN.docx 99/157 PE695.163v01-00 EN officials. Where provided for by national for the application and enforcement of this law, other competent authorities entrusted Regulation alongside the Digital Services with specific operational responsibilities Coordinator shall participate in the Board. for the application and enforcement of this Other national authorities may be invited to Regulation alongside the Digital Services the meetings, where the issues discussed Coordinator shall participate in the Board. are of relevance for them. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.

Or. fr

Amendment 2053 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 48 – paragraph 2

Text proposed by the Commission Amendment

2. Each Member State shall have one deleted vote. The Commission shall not have voting rights. The Board shall adopt its acts by simple majority.

Or. en

Amendment 2054 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Claudia Gamon, Morten Løkkegaard, Svenja Hahn, Karen Melchior, Liesje Schreinemacher

Proposal for a regulation Article 48 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission Amendment

Where a Member State has more than one representative present, solely the Digital Services Coordinator shall be able to vote.

Or. en

PE695.163v01-00 100/157 AM\1235644EN.docx EN Justification

It must be clear the hierarchy of decision-making. The Digital Services Coordinator shall have the solely final decision, including on voting.

Amendment 2055 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 48 – paragraph 2 – subparagraph 2

Text proposed by the Commission Amendment

The Board shall adopt its acts by simple deleted majority.

Or. en

Amendment 2056 Alessandra Basso, Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit on behalf of the ID Group

Proposal for a regulation Article 48 – paragraph 2 – subparagraph 2

Text proposed by the Commission Amendment

The Board shall adopt its acts by simple The Board shall adopt its acts by simple majority. majority. In the event of a tied vote, the vote shall be considered void and a new vote shall be held by the Board.

Or. en

Amendment 2057 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 48 – paragraph 2 – subparagraph 2

AM\1235644EN.docx 101/157 PE695.163v01-00 EN Text proposed by the Commission Amendment

The Board shall adopt its acts by simple The Board shall adopt all its acts by majority. qualified majority.

Or. fr

Amendment 2058 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 48 – paragraph 3

Text proposed by the Commission Amendment

3. The Board shall be chaired by the deleted Commission. The Commission shall convene the meetings and prepare the agenda in accordance the tasks of the Board pursuant to this Regulation and with its rules of procedure.

Or. en

Amendment 2059 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 48 – paragraph 3

Text proposed by the Commission Amendment

3. The Board shall be chaired by the 3. The Board shall be chaired by a Commission. The Commission shall president elected within its members. The convene the meetings and prepare the chair of the board shall not be allowed to agenda in accordance the tasks of the lead any national regulatory office in Board pursuant to this Regulation and with their respective Member states at the same its rules of procedure. time. The chair mandate should be limited to a maximum of 3 years, renewable once. The chair of the Board shall convene the meetings and prepare the agenda in accordance the tasks of the Board pursuant

PE695.163v01-00 102/157 AM\1235644EN.docx EN to this Regulation and with its rules of procedure.

Or. en

Amendment 2060 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 48 – paragraph 3

Text proposed by the Commission Amendment

3. The Board shall be chaired by the 3. The Board shall be chaired by the Commission. The Commission shall Commission, which shall provide the convene the meetings and prepare the secretariat and administrative and agenda in accordance the tasks of the analytical support for the Board’s Board pursuant to this Regulation and activities under this Regulation. with its rules of procedure. The Board member representing the Member State which holds the Council Presidency shall convene the meetings and prepare the agenda in coordination with the Commission.

Or. fr

Amendment 2061 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 48 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. The Board shall adopt its rules of procedure.

Or. fr

Amendment 2062 Alexandra Geese

AM\1235644EN.docx 103/157 PE695.163v01-00 EN on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 48 – paragraph 4

Text proposed by the Commission Amendment

4. The Commission shall provide deleted administrative and analytical support for the activities of the Board pursuant to this Regulation.

Or. en

Amendment 2063 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 48 – paragraph 4

Text proposed by the Commission Amendment

4. The Commission shall provide deleted administrative and analytical support for the activities of the Board pursuant to this Regulation.

Or. fr

Amendment 2064 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 48 – paragraph 5

Text proposed by the Commission Amendment

5. The Board may invite experts and 5. The Agency may invite experts and observers to attend its meetings, and may observers to attend its meetings, and may cooperate with other Union bodies, offices, cooperate with other Union bodies, offices, agencies and advisory groups, as well as agencies and advisory groups, as well as external experts as appropriate. The Board external experts as appropriate. The

PE695.163v01-00 104/157 AM\1235644EN.docx EN shall make the results of this cooperation Agency shall make the results of this publicly available. cooperation publicly available.

Or. en

Justification

To align with proposed changes to Article 47.

Amendment 2065 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 48 – paragraph 5

Text proposed by the Commission Amendment

5. The Board may invite experts and 5. The Board may invite experts and observers to attend its meetings, and may observers to attend its meetings, and shall cooperate with other Union bodies, offices, cooperate with other Union bodies, offices, agencies and advisory groups, as well as agencies and advisory groups, as well as external experts as appropriate. The Board external experts as appropriate. The Board shall make the results of this cooperation shall make the results of this cooperation publicly available. publicly available.

Or. en

Amendment 2066 Geoffroy Didier, Sabine Verheyen, Brice Hortefeux, Nathalie Colin-Oesterlé

Proposal for a regulation Article 48 – paragraph 5

Text proposed by the Commission Amendment

Or. en

AM\1235644EN.docx 105/157 PE695.163v01-00 EN Amendment 2067 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Claudia Gamon, Morten Løkkegaard, Svenja Hahn, Karen Melchior, Sandro Gozi, Stéphanie Yon-Courtin, Liesje Schreinemacher

Proposal for a regulation Article 48 – paragraph 5 a (new)

Text proposed by the Commission Amendment

5a. The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall make the results of the consultation procedure publicly available.

Or. en

Justification

As the board will potentially adopt recommendations that directly affect selected companies or different whole sectors, it is only appropriate to allow interested parties to be consulted before adopting those recommendations.

Amendment 2068 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 48 – paragraph 6

Text proposed by the Commission Amendment

6. The Board shall adopt its rules of deleted procedure, following the consent of the Commission.

Or. fr

Amendment 2069 Martin Schirdewan, Anne-Sophie Pelletier

PE695.163v01-00 106/157 AM\1235644EN.docx EN 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, by a two-thirds majority of its Commission. members and shall organise its own operational arrangements.

Or. en

Amendment 2070 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Claudia Gamon, Morten Løkkegaard, Svenja Hahn, Karen Melchior, Sandro Gozi, Stéphanie Yon-Courtin, Liesje Schreinemacher

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 by a two-thirds majority of its Commission. members, following the consent of the Commission.

Or. en

Justification

As is the case with other similar boards, the rules of procedures should be adopted by more than a simple majority, but less than by unanimous decision.

Amendment 2071 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 48 – paragraph 6

Text proposed by the Commission Amendment

6. The Board shall adopt its rules of 6. The Agency shall adopt its rules of

AM\1235644EN.docx 107/157 PE695.163v01-00 EN procedure, following the consent of the procedure. Commission.

Or. en

Justification

To align with proposed changes to Article 47 and to Section 3.

Amendment 2072 Adam Bielan, Kosma Złotowski, Eugen Jurzyca, Beata Mazurek

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 2073 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 48 a (new)

Text proposed by the Commission Amendment

Article 48a Independence of the Agency and combating fraud 1. When carrying out the tasks conferred upon it, the Agency shall act independently and objectively in the interests of the Union and the fundamental rights laid down in the Charter, regardless of any particular national or personal interests.

PE695.163v01-00 108/157 AM\1235644EN.docx EN 2. Without prejudice to coordination as referred to in Articles 45 and 46 and the inclusion of external expertise referred to in Articles 45 paragraph 5 and 48 c (new) and Section 3, the Agency shall neither seek nor take instructions from any government, institution, corporation, person or body. 3. The Agency shall establish a public database documenting its exchanges with external stakeholders, particularly corporate and other financial interests. This database should be easily accessible and constantly available on the Agency’s website and continuously updated. The Agency shall draw up an annual report on its activities under this Regulation. It shall make the annual reports available to the public, and shall communicate them to the Digital Services Coordinators, the Commission and the Parliament. The annual report shall include at least the following information: (a) the number and subject matter of complaints and proceedings (b) the number and subject matter of exchanges with representatives reported in the database established in paragraph 3. (c) if applicable, findings and recommendations from the Advisory Forum on the topics mentioned in Article 48c(1). 4. In order to facilitate the fight against fraud, corruption and other illegal activities under Regulation (EU, Euratom) No.883/2013 of the European Parliament and of the Council, the Agency shall, within six months from the day that it becomes operational, accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by OLAF and shall adopt appropriate provisions applicable to

AM\1235644EN.docx 109/157 PE695.163v01-00 EN all employees of the Agency using the template set out in the Annex to that Agreement. 5. The Court of Auditors shall have the power of audit, on the basis of documents and on-the-spot checks, over all grant beneficiaries, contractors and subcontractors who have received Union funds from the Agency. 6. OLAF may carry out investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant or a contract funded by the Agency, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No.883/2013 of the European Parliament and of the Council and in Council Regulation (Euratom, EC) No. 2185/96.

Or. en

Justification

The Agency needs to be independent of corporate, national and other interests to fulfil its oversight role for very large online platforms. The Agency should have its own transparency registry and publish annual reports, which should include the year’s lobbyist contacts.

Amendment 2074 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 48 b (new)

Text proposed by the Commission Amendment

Article 48b Oversight Board 1. The Oversight Board shall ensure that the Agency performs the tasks

PE695.163v01-00 110/157 AM\1235644EN.docx EN assigned to it in this Regulation, in accordance with the procedures laid out in Section 3. 2. The Oversight Board shall be gender balanced and composed of 15 members. Five of the members shall represent Digital Services Coordinators. At least two of the members shall have their background in organisations representing consumers and at least two members shall have their background in human rights risk assessment. One member shall represent the Commission. The members are appointed by the European Parliament in consultation with the Council from a gender-balanced list drawn up by the Commission which includes a number of candidates substantially higher than the number of members to be appointed. The list drawn up by the Commission, accompanied by the relevant documentation, shall be forwarded to the European Parliament. As soon as possible and within three months of such communication, the Council may make its views available for consideration by the European Parliament, which will then appoint the Oversight Board. The members of the Board shall be appointed in such a way as to secure the highest standards of competence and expertise covering a broad range of relevant fields, among them consumer protection, data protection, computer science, human rights, user experience and technology design, economics, sociology and law, covering a broad range of experiences and backgrounds and, consistent with these, the broadest possible geographic distribution within the Union. Members of the Oversight Board cannot work for very large online platforms and must disclose any funding received by very large online platforms for previous work. Members need to provide written

AM\1235644EN.docx 111/157 PE695.163v01-00 EN commitments not to work for very large online platforms or a professional organisation or business association of which the platform is a member for a period of three years after their position in the Oversight Board. 3. Members’ term of office shall be four years, and may be renewed once. 4. Unless otherwise provided, the Oversight Board shall act by a majority of its members. 5. The Oversight Board shall adopt its rules of procedure as well as adopt the Agency’s internal rules. These rules shall be made public. 6. The Oversight Board shall elect one of its members as its Chair for a two- year period, which shall be renewable. The Chair shall represent the Oversight Board. 7. The Oversight Board shall meet at the invitation of the Chair or at the request of at least a third of its members. 8. The Oversight Board shall be supported by a Secretariat.

Or. en

Justification

The Agency needs a strong, independent oversight body to enforce the rules in this Regulation for very large online platforms. The Commission, while independent of national governments, is still a political body and thus not well-equipped to enforce this Regulation, also considering the potential conflict of interest when the Commission both drafts and enforces the rules for very large online platforms. Thus, the Agency will comprise an independent regulatory body that oversees very large online platforms.

Amendment 2075 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 48 c (new)

PE695.163v01-00 112/157 AM\1235644EN.docx EN Text proposed by the Commission Amendment

Article 48c Budget of the Agency 1. Without prejudice to other resources and dues yet to be defined, revenue of the Agency shall include a Union subsidy entered in the general budget of the European Union and an annual supervisory fee on very large only platforms, as defined in Article 25. 2. The expenditure of the Agency shall cover staff, administrative and infrastructure expenditure, operating costs and expenditure associated with the functioning of the Advisory Forum, and the contracts and agreements concluded by the Agency in order to accomplish the tasks entrusted to it. 3. Revenue and expenditure shall be in balance. 4. The Agency shall levy an annual supervisory fee on very large online platforms, as defined in Article 25. The fee shall not exceed the costs incurred in relation to the supervisory tasks in relation to Articles 25 to 33 of this Regulation. The Commission shall adopt delegated acts in accordance with Article 69 establishing calculation methods to determine the specific fee for each very large online platform as defined in Article 25 for the implementation of this Article. This Article is without prejudice to the right of national competent authorities to levy fees in accordance with national law. 5. Each year, the Agency, based on the draft estimate of expenditure and revenue, shall draw up the estimate of its revenue and expenditure for the next financial year. The Agency shall, by 31 March, forward the statement of estimates, which shall include a draft

AM\1235644EN.docx 113/157 PE695.163v01-00 EN establishment plan together with the provisional annual work programme, to the Commission. The statement of estimates shall be forwarded by the Commission to the European Parliament and to the Council (hereinafter the ‘budgetary authority’) together with the draft general budget of the European Union. On the basis of the statement of estimates, the Commission shall enter in the draft general budget of the European Union the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Article 314 of the Treaty on the Functioning of the European Union. The budgetary authority shall authorise the appropriations for the subsidy to the Agency and shall adopt the establishment plan for the Agency. 6. The budget shall be adopted by the Agency. It shall become final following definitive adoption of the general budget of the European Union. Where appropriate, it shall be adjusted accordingly. 7. The Agency shall, as soon as possible, notify the budgetary authority of its intention to implement any project which will have significant financial implications for the funding of the budget. 8. Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Agency within a period of six weeks from the date of notification of the project.

Or. en

Justification

The Agency requires a budget from the Union budget. Very large online platforms need to cover the costs of supervision of the Articles 25-33, which contain the obligations specifically for very large online platforms, through supervisory fees to the Agency. Just as in banking

PE695.163v01-00 114/157 AM\1235644EN.docx EN supervision, where the ECB directly oversees significant (particularly large, systemic) banks and these banks pay a supervisory fee to cover the costs of their supervision, see for example Regulation (EU) No 1163/2014 of the European Central Bank. These fees will not exceed the costs of supervision.

Amendment 2076 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 48 d (new)

Text proposed by the Commission Amendment

Article 48d Staff of the Agency 1. The Staff Regulations of Officials of the European Union, the Conditions of Employment of Other Servants and the rules adopted jointly by the institutions of the Union for the purposes of the application of those Staff Regulations and Conditions of Employment shall apply to the staff employed by the Agency. 2. The staff of the Agency shall consist of servants recruited by the Agency as necessary to perform its tasks. They shall have security clearances appropriate to the classification of the information they are handling. 3. The Agency’s internal rules, such as the rules of procedure of the Oversight Board, the financial rules applicable to the Agency, the rules for the application of the staff regulations and the rules for access to documents, shall ensure the autonomy and independence of staff.

Or. en

Amendment 2077 Alexandra Geese

AM\1235644EN.docx 115/157 PE695.163v01-00 EN on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 48 e (new)

Text proposed by the Commission Amendment

Article 48e Headquarters agreement and operating conditions 1. The Agency shall be headquartered in Brussels, Belgium. 2. The necessary arrangements concerning the accommodation to be provided for the Agency in the host Member State, together with the specific rules applicable in the host Member State to the members of the Oversight Board, staff and members of their families, shall be laid down in a Headquarters agreement between the Agency and the Member State where the seat is located, to be concluded after obtaining the approval of the Management Board and no later than one year after this regulation enters into force. 3. The Agency’s host Member State shall provide the best possible conditions to ensure the smooth and efficient functioning of the Agency, including multilingual, European-oriented schooling and appropriate transport connections.

Or. en

Justification

A decision on the location of the headquarter of the new agency will have to be taken.

Amendment 2078 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

PE695.163v01-00 116/157 AM\1235644EN.docx EN Proposal for a regulation Article 48 f (new)

Text proposed by the Commission Amendment

Article 48f Commencement of the Agency’s activities 1. The Agency shall become operational with the capacity to implement its own budget by the date on which this regulation enters into application. 2. The Commission shall be responsible for the establishment and initial operation of the Agency until the Agency becomes operational. For that purpose, until the Oversight Board takes up its duties following its appointment, the Commission may designate five Commission officials to act as an interim Oversight Board.

Or. en

Justification

To allow for a speedy set-up of the Agency, the Commission can initially fulfil some of the operational tasks of the Agency.

Amendment 2079 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 49 – title

Text proposed by the Commission Amendment

Tasks of the Board Coordinatory tasks of the Agency

Or. en

AM\1235644EN.docx 117/157 PE695.163v01-00 EN Amendment 2080 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 49 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Where necessary to meet the 1. Where necessary to meet the objectives set out in Article 47(2), the objectives set out in Article 47(2), the Board shall in particular: Agency shall in particular:

Or. en

Amendment 2081 Karen Melchior

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

Text proposed by the Commission Amendment

(ca) continually develop guidance and best practices for the development and design of interfaces to minimise dark patterns;

Or. en

Amendment 2082 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior

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;

PE695.163v01-00 118/157 AM\1235644EN.docx EN Or. en

Amendment 2083 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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

Text proposed by the Commission Amendment

(ca) convene regular joint meetings of all Digital Service Coordinators for them to exchange on and coordinate their supervisory activities;

Or. en

Amendment 2084 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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

Text proposed by the Commission Amendment

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

Or. en

Amendment 2085 Jean-Lin Lacapelle, Virginie Joron

AM\1235644EN.docx 119/157 PE695.163v01-00 EN Proposal for a regulation Article 49 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) advise the Commission to take the (d) decide on the measures to be taken measures referred to in Article 51 and, under Articles 51, 55, 56, 57, 58, 59 and where requested by the Commission, 60 of this Regulation. adopt opinions on draft Commission measures concerning very large online platforms in accordance with this Regulation;

Or. fr

Amendment 2086 Adam Bielan, Kosma Złotowski, Eugen Jurzyca, Beata Mazurek

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 2087 Martin Schirdewan, Anne-Sophie Pelletier

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

Text proposed by the Commission Amendment

(d) advise the Commission to take the (d) decide to take the measures referred measures referred to in Article 51 and, to in Article 51 and, where requested by where requested by the Commission, adopt the Commission, adopt opinions on draft opinions on draft Commission measures Commission measures concerning very

PE695.163v01-00 120/157 AM\1235644EN.docx EN concerning very large online platforms in large online platforms in accordance with accordance with this Regulation; this Regulation;

Or. en

Amendment 2088 Arba Kokalari, Pablo Arias Echeverría, Andreas Schwab, Anna-Michelle Asimakopoulou, Maria da Graça Carvalho, Tomislav Sokol, Axel Voss, Ivan Štefanec, Pilar del Castillo Vera

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

Text proposed by the Commission Amendment

(da) monitor derogations from the internal market clause in accordance with Article 3 of Directive 2000/31/EC and ensure that the conditions for derogation are interpreted strictly and narrowly to ensure consistent application of this Regulation;

Or. en

Amendment 2089 Arba Kokalari, Andrey Kovatchev, Pablo Arias Echeverría, Andreas Schwab, Anna- Michelle Asimakopoulou, Maria da Graça Carvalho, Tomislav Sokol, Ivan Štefanec, Pilar del Castillo Vera, Marion Walsmann, Barbara Thaler

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

Text proposed by the Commission Amendment

(e) support and promote the (e) support and promote the development and implementation of development and implementation of European standards, guidelines, reports, European standards, guidelines, reports, templates and code of conducts as provided templates and code of conducts in close for in this Regulation, as well as the collaboration with relevant stakeholders identification of emerging issues, with as provided for in this Regulation, as well regard to matters covered by this as the identification of emerging issues, Regulation. with regard to matters covered by this Regulation.

AM\1235644EN.docx 121/157 PE695.163v01-00 EN Or. en

Amendment 2090 Adam Bielan, Kosma Złotowski, Eugen Jurzyca, Beata Mazurek

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

Text proposed by the Commission Amendment

(ea) issue opinions, recommendations or advice on matters related to Article 34.

Or. en

Amendment 2091 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 49 – paragraph 2

Text proposed by the Commission Amendment

2. Digital Services Coordinators and deleted other national competent authorities that do not follow the opinions, requests or recommendations addressed to them adopted by the Board shall provide the reasons for this choice when reporting pursuant to this Regulation or when adopting their relevant decisions, as appropriate.

Or. fr

Amendment 2092 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Claudia Gamon, Morten Løkkegaard, Svenja Hahn, Karen Melchior, Sandro Gozi, Stéphanie Yon-Courtin, Liesje Schreinemacher

Proposal for a regulation Article 49 a (new)

PE695.163v01-00 122/157 AM\1235644EN.docx EN Text proposed by the Commission Amendment

Article 49a Reports 1. The Board shall draw up an annual report regarding its actions. The report shall be made public and be transmitted to the European Parliament, to the Council and to the Commission in all official languages of the Member States. 2. The annual report shall include, among other information, a review of the practical application of the opinions, guidelines, recommendations advice and any other measures taken under Article 49(1).

Or. en

Justification

The Board should be required to produce an annual reports as to its actions.

Amendment 2093 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Morten Løkkegaard, Karen Melchior

Proposal for a regulation Article 49 b (new)

Text proposed by the Commission Amendment

Article 49b Confidentiality 1. The discussions of the Board shall be confidential where the Board deems it necessary, as provided for in its rules of procedure. 2. Access to documents submitted to members of the Board, experts and representatives of third parties shall be governed by Regulation (EC) No 1049/2001 of the European Parliament

AM\1235644EN.docx 123/157 PE695.163v01-00 EN and of the Council.

Or. en

Justification

As the board will discuss matters that directly relate to the core of many businesses, it is only correct that its actions should take into consideration the need for confidentiality of conversations and any documents provided to the board.

Amendment 2094 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 50 – title

Text proposed by the Commission Amendment

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

Or. en

Amendment 2095 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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

Text proposed by the Commission Amendment

Where the Digital Services Coordinator of The Agency is tasked with supervising establishment adopts a decision finding very large online platforms in regard to that a very large online platform has the provisions of Section 4 of Chapter III. infringed any of the provisions of Section 4 of Chapter III, it shall make use of the enhanced supervision system laid down in this Article. It shall take utmost account of any opinion and recommendation of the Commission and the Board pursuant to this Article.

PE695.163v01-00 124/157 AM\1235644EN.docx EN Or. en

Justification

The supervision of VLOPs shall lie with the Agency.

Amendment 2096 Martin Schirdewan, Anne-Sophie Pelletier

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

Text proposed by the Commission Amendment

Where the Digital Services Coordinator of Where the Digital Services Coordinator of establishment adopts a decision finding establishment adopts a decision finding that a very large online platform has that a very large online platform has infringed any of the provisions of Section 4 infringed any of the provisions of Section 4 of Chapter III, it shall make use of the of Chapter III, it shall make use of the enhanced supervision system laid down in enhanced supervision system laid down in this Article. It shall take utmost account this Article. The Board, this acting on its of any opinion and recommendation of own initiative or upon request of at least the Commission and the Board pursuant three Digital Services Coordinators of to this Article. destination, shall, where it has reasons to suspect that a very large online platform infringed any of those provisions, make use of the enhanced supervision system laid down in this article.

Or. en

Amendment 2097 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 50 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

The Commission acting on its own The Digital Services Coordinator of the initiative, or the Board acting on its own Member State concerned acting on its initiative or upon request of at least three own initiative, the Commission acting on Digital Services Coordinators of its own initiative, or the Board acting on its destination, may, where it has reasons to own initiative or upon request of at least suspect that a very large online platform three Digital Services Coordinators of

AM\1235644EN.docx 125/157 PE695.163v01-00 EN infringed any of those provisions, destination, may, where it has reasons to recommend the Digital Services suspect that a very large online platform Coordinator of establishment to investigate infringed any of those provisions, the suspected infringement with a view to recommend the Digital Services that Digital Services Coordinator adopting Coordinator of establishment to investigate such a decision within a reasonable time the suspected infringement with a view to period. that Digital Services Coordinator adopting such a decision within a reasonable time period.

Or. fr

Amendment 2098 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 50 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

The Commission acting on its own The Agency acting on its own initiative, or initiative, or the Board acting on its own upon request of at least three Digital initiative or upon request of at least three Services Coordinators of destination, may, Digital Services Coordinators of where it has reasons to suspect that a very destination, may, where it has reasons to large online platform infringed any of the suspect that a very large online platform provisions of Section 4 of Chapter III, infringed any of those provisions, investigate the suspected infringement and recommend the Digital Services communicate this decision to the very Coordinator of establishment to large online platform concerned. investigate the suspected infringement with a view to that Digital Services Coordinator adopting such a decision within a reasonable time period.

Or. en

Justification

The supervision of VLOPs shall lie with the Agency.

Amendment 2099 Karen Melchior, Samira Rafaela, Hilde Vautmans, Michal Šimečka, Ivars Ijabs, Anna Júlia Donáth, Olivier Chastel, Fabienne Keller, Petras Auštrevičius, Irène Tolleret,

PE695.163v01-00 126/157 AM\1235644EN.docx EN Ramona Strugariu, Katalin Cseh

Proposal for a regulation Article 50 – paragraph 1 – subparagraph 2

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 2100 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné, Karen Melchior

Proposal for a regulation Article 50 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

Or. en

AM\1235644EN.docx 127/157 PE695.163v01-00 EN Amendment 2101 Jean-Lin Lacapelle, Virginie Joron

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, 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 Digital Services Board, within one month from that Coordinator of the Member State decision, an action plan, specifying how concerned, the Commission and the Board, that platform intends to terminate or within one month from that decision, an remedy the infringement. The measures action plan, specifying how that platform set out in the action plan may include, intends to terminate or remedy the where appropriate, participation in a code infringement. of conduct as provided for in Article 35.

Or. fr

Amendment 2102 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 50 – paragraph 2

Text proposed by the Commission Amendment

PE695.163v01-00 128/157 AM\1235644EN.docx EN decision, an action plan, specifying how infringement. The measures set out in the that platform intends to terminate or action plan may include, where remedy the infringement. The measures set appropriate, participation in a code of out in the action plan may include, where conduct as provided for in Article 35. appropriate, participation in a code of conduct as provided for in Article 35.

Or. en

Amendment 2103 Alessandra Basso, Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Jean-Lin Lacapelle, Virginie Joron on behalf of the ID Group

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, 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 set remedy the infringement. The measures set out in the action plan may include, where out in the action plan may recommend, appropriate, participation in a code of where appropriate, participation in a code conduct as provided for in Article 35. of conduct as provided for in Article 35.

Or. en

Amendment 2104 Martin Schirdewan, Anne-Sophie Pelletier

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

AM\1235644EN.docx 129/157 PE695.163v01-00 EN Text proposed by the Commission Amendment

Within one month following receipt of the Within one month following receipt of the action plan, the Board shall communicate action plan, the Board shall decide whether its opinion on the action plan to the the action plan is appropriate to terminate Digital Services Coordinator of or remedy the infringement. establishment. Within one month following receipt of that opinion, that Digital Services Coordinator shall decide whether the action plan is appropriate to terminate or remedy the infringement.

Or. en

Amendment 2105 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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

Text proposed by the Commission Amendment

Within one month following receipt of the Within one month following receipt of the action plan, the Board shall communicate action plan, the Agency shall decide its opinion on the action plan to the whether the action plan is appropriate to Digital Services Coordinator of terminate or remedy the infringement. establishment. Within one month following receipt of that opinion, that Digital Services Coordinator shall decide whether the action plan is appropriate to terminate or remedy the infringement.

Or. en

Amendment 2106 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 50 – paragraph 3 – subparagraph 2

PE695.163v01-00 130/157 AM\1235644EN.docx EN 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 that the Board online platform concerned to subject itself reconsider the matter. The Board shall to an additional, independent audit to adopt a decision, in the light of which it assess the effectiveness of those measures may or may not exercise the powers set in terminating or remedying the out in Articles 51, 55, 56, 57, 58, 59 and infringement. In that case, that platform 60. shall send the audit report to that Digital Services Coordinator, the Commission and the Board within four months from the decision referred to in the first subparagraph. When requesting such an additional audit, the Digital Services Coordinator may specify a particular audit organisation that is to carry out the audit, at the expense of the platform concerned, selected on the basis of criteria set out in Article 28(2).

Or. fr

Amendment 2107 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 50 – paragraph 3 – subparagraph 2

Text proposed by the Commission Amendment

Where the Digital Services Coordinator of Where the Agency has concerns on the establishment has concerns on the ability ability of the measures to terminate or of the measures to terminate or remedy the remedy the infringement, it may request infringement, it may request the very large the very large online platform concerned to online platform concerned to subject itself subject itself to an additional, independent to an additional, independent audit to audit to assess the effectiveness of those assess the effectiveness of those measures measures in terminating or remedying the in terminating or remedying the infringement. In that case, that platform infringement. In that case, that platform shall send the audit report to the Agency shall send the audit report to that Digital within four months from the decision Services Coordinator, the Commission referred to in the first subparagraph. When

AM\1235644EN.docx 131/157 PE695.163v01-00 EN and the Board within four months from the requesting such an additional audit, the decision referred to in the first Agency may specify a particular audit subparagraph. When requesting such an organisation that is to carry out the audit, at additional audit, the Digital Services the expense of the platform concerned, Coordinator may specify a particular audit selected on the basis of criteria set out in organisation that is to carry out the audit, at Article 28(2). the expense of the platform concerned, selected on the basis of criteria set out in Article 28(2).

Or. en

Amendment 2108 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 50 – paragraph 4

Text proposed by the Commission Amendment

4. The Digital Services Coordinator deleted of establishment shall communicate to the Commission, the Board and the very large online platform concerned its views as to whether the very large online platform has terminated or remedied the infringement and the reasons thereof. It shall do so within the following time periods, as applicable: (a) within one month from the receipt of the audit report referred to in the second subparagraph of paragraph 3, where such an audit was performed; (b) within three months from the decision on the action plan referred to in the first subparagraph of paragraph 3, where no such audit was performed; (c) immediately upon the expiry of the time period set out in paragraph 2, where that platform failed to communicate the action plan within that time period. Pursuant to that communication, the Digital Services Coordinator of establishment shall no longer be entitled to take any investigatory or enforcement

PE695.163v01-00 132/157 AM\1235644EN.docx EN measures in respect of the relevant conduct by the very large online platform concerned, without prejudice to Article 66 or any other measures that it may take at the request of the Commission.

Or. fr

Amendment 2109 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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

Text proposed by the Commission Amendment

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

Or. en

Amendment 2110 Martin Schirdewan, Anne-Sophie Pelletier

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

Text proposed by the Commission Amendment

4. The Digital Services Coordinator 4. The Board shall communicate to of establishment shall communicate to the the Commission and the very large online Commission, the Board and the very large platform concerned its views as to whether online platform concerned its views as to 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

AM\1235644EN.docx 133/157 PE695.163v01-00 EN within the following time periods, as applicable: applicable:

Or. en

Amendment 2111 Martin Schirdewan, Anne-Sophie Pelletier

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

Text proposed by the Commission Amendment

(b) within three months from the (b) within one months from the decision on the action plan referred to in decision on the action plan referred to in the first subparagraph of paragraph 3, the first subparagraph of paragraph 3, where no such audit was performed; where no such audit was performed;

Or. en

Amendment 2112 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 50 – paragraph 4 – subparagraph 2

Text proposed by the Commission Amendment

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

Or. en

PE695.163v01-00 134/157 AM\1235644EN.docx EN Amendment 2113 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 50 – paragraph 4 – subparagraph 2

Text proposed by the Commission Amendment

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

Or. en

Amendment 2114 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 51 – title

Text proposed by the Commission Amendment

Intervention by the Commission and Intervention by the Commission and the opening of proceedings Board and opening of proceedings

Or. en

Amendment 2115 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 51 – title

Text proposed by the Commission Amendment

Intervention by the Commission and Opening of proceedings

AM\1235644EN.docx 135/157 PE695.163v01-00 EN opening of proceedings

Or. en

Justification

The supervision of VLOPs shall lie with the Agency.

Amendment 2116 Jean-Lin Lacapelle, Virginie Joron

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 upon the Board’s instructions or on its its own initiative after consulting the own initiative after consulting the Board, Board, may initiate proceedings in view of may initiate proceedings in view of the the possible adoption of decisions pursuant possible adoption of decisions pursuant to 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 is suspected of infringing one of the provisions of this Regulation.

Or. fr

Amendment 2117 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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

Text proposed by the Commission Amendment

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

PE695.163v01-00 136/157 AM\1235644EN.docx EN platform that:

Or. en

Amendment 2118 Martin Schirdewan, Anne-Sophie Pelletier

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

Text proposed by the Commission Amendment

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

Or. en

Amendment 2119 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, 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

AM\1235644EN.docx 137/157 PE695.163v01-00 EN Amendment 2120 Karen Melchior, Samira Rafaela, Hilde Vautmans, Michal Šimečka, Ivars Ijabs, Anna Júlia Donáth, Olivier Chastel, Fabienne Keller, Petras Auštrevičius, Irène Tolleret, Ramona Strugariu, Barry Andrews, Susana Solís Pérez, Dragoş Pîslaru, Katalin Cseh

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

Text proposed by the Commission Amendment

Or. en

Amendment 2121 Jean-Lin Lacapelle, Virginie Joron

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

Text proposed by the Commission Amendment

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

Or. fr

Amendment 2122 Jean-Lin Lacapelle, Virginie Joron

PE695.163v01-00 138/157 AM\1235644EN.docx EN Proposal for a regulation Article 51 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) is suspected of having infringed deleted any of the provisions of this Regulation and the Digital Services Coordinator of establishment requested the Commission to intervene in accordance with Article 46(2), upon the reception of that request;

Or. fr

Amendment 2123 Martin Schirdewan, Anne-Sophie Pelletier

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 the Digital Services Coordinator of Digital Services Coordinator of establishment requested the Commission to establishment requested the Board or the intervene in accordance with Article 46(2), Commission to intervene in accordance upon the reception of that request; with Article 46(2), upon the reception of that request;

Or. en

Amendment 2124 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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

Text proposed by the Commission Amendment

AM\1235644EN.docx 139/157 PE695.163v01-00 EN establishment requested the Commission to establishment requested the Agency to intervene in accordance with Article 46(2), intervene in accordance with Article 46(2), upon the reception of that request; upon the reception of that request;

Or. en

Amendment 2125 Jean-Lin Lacapelle, Virginie Joron

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

Text proposed by the Commission Amendment

(c) has been found to have infringed deleted any of the provisions of Section 4 of Chapter III, upon the expiry of the relevant time period for the communication referred to in Article 50(4).

Or. fr

Amendment 2126 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 51 – paragraph 1 – point c a (new)

Text proposed by the Commission Amendment

(ca) has been found to not implement the operational recommendations from the independent audit as laid out in Article 28(4).

Or. en

Amendment 2127 Alessandra Basso, Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Jean-Lin Lacapelle, Virginie Joron

PE695.163v01-00 140/157 AM\1235644EN.docx EN on behalf of the ID Group

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

Text proposed by the Commission Amendment

Where the Commission decides to initiate Where the Commission decides to initiate proceedings pursuant to paragraph 1, it proceedings pursuant to paragraph 1, it shall notify all Digital Services 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. If the Commission decides not to initiate proceedings pursuant to paragraph 1, it shall inform the Board in writing of its reasons.

Or. en

Amendment 2128 Martin Schirdewan, Anne-Sophie Pelletier

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

Text proposed by the Commission Amendment

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

Or. en

Amendment 2129 Jean-Lin Lacapelle, Virginie Joron

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

Text proposed by the Commission Amendment

Where the Commission decides to initiate Where the Commission initiates or decides proceedings pursuant to paragraph 1, it to initiate proceedings pursuant to

AM\1235644EN.docx 141/157 PE695.163v01-00 EN shall notify all Digital Services paragraph 1, it shall notify all Digital Coordinators, the Board and the very large Services Coordinators, the Board and the online platform concerned. very large online platform concerned.

Or. fr

Amendment 2130 Karen Melchior, Samira Rafaela, Hilde Vautmans, Michal Šimečka, Ivars Ijabs, Anna Júlia Donáth, Olivier Chastel, Fabienne Keller, Petras Auštrevičius, Irène Tolleret, Ramona Strugariu, Barry Andrews, Katalin Cseh

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

Text proposed by the Commission Amendment

Where the Commission decides to initiate When the Commission initiates proceedings pursuant to paragraph 1, it proceedings pursuant to paragraph 1, it shall notify all Digital Services 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 2131 Sandro Gozi, Christophe Grudler, Laurence Farreng, Valérie Hayer, Stéphanie Yon- Courtin, Fabienne Keller, Stéphane Séjourné

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

Text proposed by the Commission Amendment

Or. en

Amendment 2132 Alexandra Geese

PE695.163v01-00 142/157 AM\1235644EN.docx EN on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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

Text proposed by the Commission Amendment

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

Or. en

Amendment 2133 Jean-Lin Lacapelle, Virginie Joron

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

Text proposed by the Commission Amendment

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

Or. fr

Amendment 2134 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

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

AM\1235644EN.docx 143/157 PE695.163v01-00 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 of establishment concerned shall no longer be entitled to concerned shall no longer be entitled to take any investigatory or enforcement take any investigatory or enforcement measures in respect of the relevant conduct measures in respect of the relevant conduct by the very large online platform by the very large online platform concerned, without prejudice to Article 66 concerned, without prejudice to any or any other measures that it may take at measures that it may take at the request of the request of the Commission. the Agency.

Or. en

Amendment 2135 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 51 – paragraph 3 – introductory part

Text proposed by the Commission Amendment

3. The Digital Services Coordinator 3. The Digital Services Coordinator referred to in Articles 45(7), 46(2) and referred to in Articles 45(7), 46(2) and 50(1), as applicable, shall, without undue 50(1), as applicable, shall, without undue delay upon being informed, transmit to the delay upon being informed, transmit to the Commission: Agency:

Or. en

Amendment 2136 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 51 – paragraph 3 – introductory part

Text proposed by the Commission Amendment

3. The Digital Services Coordinator 3. The Digital Services Coordinator referred to in Articles 45(7), 46(2) and referred to in Articles 46(2) and 50(1), as 50(1), as applicable, shall, without undue applicable, shall, without undue delay upon

PE695.163v01-00 144/157 AM\1235644EN.docx EN delay upon being informed, transmit to the being informed, transmit to the Commission: Commission:

Or. fr

Amendment 2137 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 51 – paragraph 3 – point a

Text proposed by the Commission Amendment

(a) any information that that Digital (a) any information that that Digital Services Coordinator exchanged relating to Services Coordinator exchanged relating to the infringement or the suspected the infringement or the suspected infringement, as applicable, with the Board infringement, as applicable, with the very and with the very large online platform large online platform concerned; concerned;

Or. en

Amendment 2138 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 51 – paragraph 3 – point c

Text proposed by the Commission Amendment

(c) any other information in the (c) any other information in the possession of that Digital Services possession of that Digital Services Coordinator that may be relevant to the Coordinator that may be relevant to the proceedings initiated by the Commission. proceedings initiated by the Agency.

Or. en

Amendment 2139 Alexandra Geese

AM\1235644EN.docx 145/157 PE695.163v01-00 EN on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 51 – paragraph 4

Text proposed by the Commission Amendment

4. The Board, and the Digital 4. The Digital Services Coordinators Services Coordinators making the request making the request referred to in Article referred to in Article 45(1), shall, without 45(1), shall, without undue delay upon undue delay upon being informed, transmit being informed, transmit to the to the Commission any information in their Commission any information in their possession that may be relevant to the possession that may be relevant to the proceedings initiated by the Commission. proceedings initiated by the Agency.

Or. en

Amendment 2140 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Claudia Gamon, Morten Løkkegaard, Svenja Hahn, Karen Melchior, Sandro Gozi, Stéphanie Yon-Courtin, Liesje Schreinemacher

Proposal for a regulation Article 51 a (new)

Text proposed by the Commission Amendment

Article 51a Requirements for the Commission 1. The Commission shall perform its tasks under this Regulation in an impartial, transparent and timely manner. The Commission shall ensure that its units given responsibility for this regulation have the adequate technical, financial and human resources to carry out their tasks. 2. When carrying out their tasks and exercising their powers in accordance with this Regulation, the Commission shall act with complete independence. They shall remain free from any external influence, whether direct or indirect, and shall neither seek nor take instructions from any other public authority or any

PE695.163v01-00 146/157 AM\1235644EN.docx EN private party.

Or. en

Justification

Similar to competition policy, it is vital that the Commission acts in an apolitical manner and that decisions are not effected by other priorities of the Commission or the influence of outside bodies, be it other EU institutions, Member States or anyone else.

Amendment 2141 Adam Bielan, Kosma Złotowski, Beata Mazurek

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 2142 Martin Schirdewan, Anne-Sophie Pelletier

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

AM\1235644EN.docx 147/157 PE695.163v01-00 EN assigned to it under this Section, the assigned to it under this Section, the Commission may by simple request or by Commission and the Board may by simple decision require the very large online request or by decision require the very platforms concerned, as well as any other large online platforms concerned, as well persons acting for purposes related to their as any other persons acting for purposes trade, business, craft or profession that may related to their trade, business, craft or be reasonably be aware of information profession that may be reasonably be relating to the suspected infringement or aware of information relating to the the infringement, as applicable, including suspected infringement or the organisations performing the audits 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 2143 Jean-Lin Lacapelle, Virginie Joron

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, as well as any other persons acting for purposes related to their persons acting for purposes related to their trade, business, craft or profession that may trade, business, craft or profession that may be reasonably be aware of information be reasonably be aware of information relating to the suspected infringement or relating to the suspected infringement or the infringement, as applicable, including the infringement, as applicable, including organisations performing the audits organisations performing the audit referred referred to in Articles 28 and 50(3), to to in Article 28, to provide such provide such information within a information within a reasonable time reasonable time period. period.

Or. fr

Amendment 2144 Alexandra Geese on behalf of the Greens/EFA Group

PE695.163v01-00 148/157 AM\1235644EN.docx EN Rasmus Andresen, Kim Van Sparrentak

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 Agency 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, as well as any other persons acting for purposes related to their persons acting for purposes related to their trade, business, craft or profession that may trade, business, craft or profession that may be reasonably be aware of information be reasonably be aware of information relating to the suspected infringement or relating to the suspected infringement or the infringement, as applicable, including the infringement, as applicable, including organisations performing the audits organisations performing the audits referred to in Articles 28 and 50(3), to referred to in Articles 28 and 50(3), to provide such information within a provide such information within a reasonable time period. reasonable time period.

Or. en

Amendment 2145 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Morten Løkkegaard, Svenja Hahn, Karen Melchior, Liesje Schreinemacher

Proposal for a regulation Article 52 – paragraph 2

Text proposed by the Commission Amendment

2. When sending a simple request for 2. When sending a simple request for information to the very large online information to the very large online platform concerned or other person platform concerned or other person referred to in Article 52(1), the referred to in Article 52(1), the Commission shall state the legal basis and Commission shall state the legal basis and the purpose of the request, specify what the purpose of the request, specify what information is required and set the time information is required and set the time period within which the information is to period within which the information is to be provided, and the penalties provided for be provided, and the penalties provided for in Article 59 for supplying incorrect or in Article 59 for supplying incorrect or misleading information. misleading information. The purpose shall include reasoning on why and how the information is necessary, proportionality to the purpose and cannot be received by

AM\1235644EN.docx 149/157 PE695.163v01-00 EN other means.

Or. en

Justification

The Commission should provide not only a reason for a request but why they cannot get the information some other way and why it is a proportion request. The Commission should not be able to make unlimited requests.

Amendment 2146 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 52 – paragraph 2

Text proposed by the Commission Amendment

2. When sending a simple request for 2. When sending a simple request for information to the very large online information to the very large online platform concerned or other person platform concerned or other person referred to in Article 52(1), the referred to in Article 52(1), the Agency Commission shall state the legal basis and shall state the legal basis and the purpose the purpose of the request, specify what of the request, specify what information is information is required and set the time required and set the time period within period within which the information is to which the information is to be provided, be provided, and the penalties provided for and the penalties provided for in Article 59 in Article 59 for supplying incorrect or for supplying incorrect or misleading misleading information. information.

Or. en

Amendment 2147 Jean-Lin Lacapelle, Virginie Joron

Proposal for a regulation Article 52 – paragraph 3

Text proposed by the Commission Amendment

3. Where the Commission requires the 3. Where the Commission requires the very large online platform concerned or very large online platform concerned or other person referred to in Article 52(1) to other person referred to in Article 52(1) to

PE695.163v01-00 150/157 AM\1235644EN.docx EN supply information by decision, it shall supply information by decision, it shall state the legal basis and the purpose of the state the legal basis and the purpose of the request, specify what information is request, specify what information is required and set the time period within required and set the time period within which it is to be provided. It shall also which it is to be provided. It shall also indicate the penalties provided for in indicate the penalties provided for in Article 59 and indicate or impose the Article 59 and indicate or impose the periodic penalty payments provided for in periodic penalty payments provided for in Article 60. It shall further indicate the right Article 60. It shall further indicate the right to have the decision reviewed by the Court to have the decision adversely affecting it of Justice of the European Union. which was taken under this Article reviewed by the Court of Justice of the European Union.

Or. fr

Amendment 2148 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 52 – paragraph 3

Text proposed by the Commission Amendment

3. Where the Commission requires the 3. Where the Commission or the very large online platform concerned or Board requires the very large online other person referred to in Article 52(1) to platform concerned or other person supply information by decision, it shall referred to in Article 52(1) to supply state the legal basis and the purpose of the information by decision, it shall state the request, specify what information is legal basis and the purpose of the request, required and set the time period within specify what information is required and which it is to be provided. It shall also set the time period within which it is to be indicate the penalties provided for in provided. It shall also indicate the penalties Article 59 and indicate or impose the provided for in Article 59 and indicate or periodic penalty payments provided for in impose the periodic penalty payments Article 60. It shall further indicate the right provided for in Article 60. It shall further to have the decision reviewed by the Court indicate the right to have the decision of Justice of the European Union. reviewed by the Court of Justice of the European Union.

Or. en

Amendment 2149 Alexandra Geese on behalf of the Greens/EFA Group

AM\1235644EN.docx 151/157 PE695.163v01-00 EN Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 52 – paragraph 3

Text proposed by the Commission Amendment

3. Where the Commission requires the 3. Where the Agency requires the very very large online platform concerned or large online platform concerned or other other person referred to in Article 52(1) to person referred to in Article 52(1) to supply information by decision, it shall supply information by decision, it shall state the legal basis and the purpose of the state the legal basis and the purpose of the request, specify what information is request, specify what information is required and set the time period within required and set the time period within which it is to be provided. It shall also which it is to be provided. It shall also indicate the penalties provided for in indicate the penalties provided for in Article 59 and indicate or impose the Article 59 and indicate or impose the periodic penalty payments provided for in periodic penalty payments provided for in Article 60. It shall further indicate the right Article 60. It shall further indicate the right to have the decision reviewed by the Court to have the decision reviewed by the Court of Justice of the European Union. of Justice of the European Union.

Or. en

Amendment 2150 Dita Charanzová, Andrus Ansip, Vlad-Marius Botoş, Morten Løkkegaard, Svenja Hahn, Karen Melchior, Liesje Schreinemacher

Proposal for a regulation Article 52 – paragraph 4

Text proposed by the Commission Amendment

4. The owners of the very large online 4. The owners of the very large online platform concerned or other person platform concerned or other person referred to in Article 52(1) or their referred to in Article 52(1) or their representatives and, in the case of legal representatives and, in the case of legal persons, companies or firms, or where they persons, companies or firms, or where they have no legal personality, the persons have no legal personality, the persons authorised to represent them by law or by authorised to represent them by law or by their constitution shall supply the their constitution shall supply the information requested on behalf of the very information requested on behalf of the very large online platform concerned or other large online platform concerned or other person referred to in Article 52(1). person referred to in Article 52(1). Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully

PE695.163v01-00 152/157 AM\1235644EN.docx EN responsible if the information supplied is incomplete, incorrect or misleading.

Or. en

Justification

This is not needed as a very large online platform can have their lawyer serve as their "representative" per the first half of the sentence. Moreover a lawyer is responsible for their own actions but cannot be held responsible for those of their client, including providing potentially false information to the lawyer.

Amendment 2151 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 52 – paragraph 5

Text proposed by the Commission Amendment

5. At the request of the Commission, 5. At the request of the Commission the Digital Services Coordinators and other or the Board, the Digital Services competent authorities shall provide the Coordinators and other competent Commission with all necessary information authorities shall provide the Commission to carry out the tasks assigned to it under or the Board with all necessary this Section. information to carry out the tasks assigned to it under this Section.

Or. en

Amendment 2152 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 52 – paragraph 5

Text proposed by the Commission Amendment

5. At the request of the Commission, 5. At the request of the Agency, the the Digital Services Coordinators and other Digital Services Coordinators and other competent authorities shall provide the competent authorities shall provide the Commission with all necessary Agency with all necessary information to information to carry out the tasks assigned carry out the tasks assigned to it under this

AM\1235644EN.docx 153/157 PE695.163v01-00 EN to it under this Section. Section.

Or. en

Amendment 2153 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 53 – paragraph 1

Text proposed by the Commission Amendment

In order to carry out the tasks assigned to it In order to carry out the tasks assigned to it under this Section, the Commission may under this Section, the Commission and interview any natural or legal person which the Board may interview any natural or consents to being interviewed for the legal person which consents to being purpose of collecting information, relating interviewed for the purpose of collecting to the subject-matter of an investigation, in information, relating to the subject-matter relation to the suspected infringement or of an investigation, in relation to the infringement, as applicable. suspected infringement or infringement, as applicable.

Or. en

Amendment 2154 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 53 – paragraph 1

Text proposed by the Commission Amendment

In order to carry out the tasks assigned to it In order to carry out the tasks assigned to it under this Section, the Commission may under this Section, the Agency may interview any natural or legal person which interview any natural or legal person which consents to being interviewed for the consents to being interviewed for the purpose of collecting information, relating purpose of collecting information, relating to the subject-matter of an investigation, in to the subject-matter of an investigation, in relation to the suspected infringement or relation to the suspected infringement or infringement, as applicable. infringement, as applicable.

Or. en

PE695.163v01-00 154/157 AM\1235644EN.docx EN Amendment 2155 Alessandra Basso, Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit on behalf of the ID Group

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

AM\1235644EN.docx 155/157 PE695.163v01-00 EN Justice of the European Union.

Or. en

Amendment 2156 Martin Schirdewan, Anne-Sophie Pelletier

Proposal for a regulation Article 54 – 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 conduct on-site Commission or the Board may conduct inspections at the premises of the very on-site inspections at the premises of the large online platform concerned or other very large online platform concerned or person referred to in Article 52(1). other person referred to in Article 52(1).

Or. en

Amendment 2157 Alexandra Geese on behalf of the Greens/EFA Group Rasmus Andresen, Kim Van Sparrentak

Proposal for a regulation Article 54 – 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 conduct on-site Agency may conduct on-site inspections at inspections at the premises of the very the premises of the very large online large online platform concerned or other platform concerned or other person person referred to in Article 52(1). referred to in Article 52(1).

Or. en

Amendment 2158 Martin Schirdewan, Anne-Sophie Pelletier

PE695.163v01-00 156/157 AM\1235644EN.docx EN Proposal for a regulation Article 54 – paragraph 2

Text proposed by the Commission Amendment

2. On-site inspections may also be 2. On-site inspections may also be carried out with the assistance of auditors carried out with the assistance of auditors or experts appointed by the Commission or experts appointed by the Commission or pursuant to Article 57(2). the Board pursuant to Article 57(2).

Or. en

AM\1235644EN.docx 157/157 PE695.163v01-00 EN