Juri Committee Voting List - europarl.europa.eu

1 \ 168

Committee on the Internal Market and Consumer Protection and

Committee on Legal Affairs

- Secretariat -

Version 1.1

17/11/2017

DM/BL/CP/ZV/ds

Vu: PK and EW

FINAL VOTING LIST

on the Draft Report

on the contracts for the supply of digital content

2015/0287(COD) - COM(2015)0634

Rapporteurs: E. Gebhardt - A. Voss

Abbreviations:

CA Compromise amendment

OA Oral amendment

cp Corresponding part

WD Withdrawn

2 \ 168

Concerned text AM Author R.

pos. Remarks

Res

ult

of

vote

Note: The adopted text may be subject after the vote to technical adaptations to ensure coherence

Titles

Title 1 1 Rapporteurs

Identical. Put to vote together

HORIZONTAL AMENDMENT If adopted, “or digital services” will be

added throughout the text

71 Axel Voss, Eva

Maydell

72 Marco Zullo

Articles

Article -1 +

Article 3 –

paragraph 8

CA

1

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD +

If adopted, Article -1 on data protection

will be introduced and paragraph 8 of

Article 3 will be deleted

If adopted, go to CA 4

Article 1

CA

4

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD +

If adopted/rejected, CAs 5 until 11 are

deemed adopted/rejected


366 Marlene Mizzi Falls if CA 4 is adopted

365 Eva Maydell, Andreas

Schwab

Falls if CA 4 or AM 366 is adopted

20 Rapporteurs Falls if CA 4 or AM 365 or 366 is adopted

367 Antanas Guoga

Falls if CA 4 or any of the above AMs is

adopted

368 Daniel Buda


adopted

369 Evelyne Gebhardt,

Olga Sehnalová, Lucy

Anderson, Christel

Schaldemose, Anna

Hedh, Josef

Weidenholzer, Liisa

Jaakonsaari, Marc


adopted

3 \ 168


pos. Remarks

Res

ult

of

vote

Tarabella, Catherine

Stihler, Evelyn Regner

370 Virginie Rozière


adopted

371 Marco Zullo

Do not put to vote: adopted/rejected with

horizontal AMs 1/71/72

Article 2 –

paragraph 1 –

points 1 and

1a (new)

CA

12

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD +


Article 2 –

point 1

21 Rapporteurs

Deletion

Falls if CA 12 is adopted

Article 2 –

paragraph 1 –

point 1 –

introductory

part


Deletion


Article 2 –

paragraph 1 –

point 1 – point

a


Deletion


374 Constance Le Grip


Falls if CA 12 or AM 21 or 373 is adopted

375 Antanas Guoga

377 Daniel Buda

Falls if CA 12 or AM 21, 373 or 374/375

is adopted

376 Philippe Juvin

Falls if CA 12 or AM 21 or any of the

above AMs is adopted

15 LIBE

Falls if CA 12 or AM 21 or any of the


Article 2 –

point 1 a (new)

16 LIBE


Article 2 – 378 Virginie Rozière Deletion

4 \ 168


pos. Remarks

Res

ult

of

vote

paragraph 1 –

point 1 – point

b

379 Daniel Buda


Fall if CA 12 or AM 21 is adopted

380 Marco Zullo

381 Julia Reda

382 Antanas Guoga

Falls if CA 12 or AM 21 or

378/379/380/381 is adopted

Article 2 –

paragraph 1 –

point 1 – point

c


Deletion



384 Daniel Buda

385 Marco Zullo

386 Julia Reda

387 Antanas Guoga

Falls if CA 12 or AM 21 or

383/384/385/386 is adopted

Article 2 –

paragraph 1 –

point 1 a (new)

391 Virginie Rozière Falls if CA 12 is adopted

388 Marco Zullo Falls if CA 12 or AM 391 is adopted

22 Rapporteurs

Falls if CA 12 or AM 391 or 388 is

adopted

389 Daniel Buda


adopted

390 Julia Reda


adopted

Article 2 –

paragraph 1 –

point 1b (new)

CA

13

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD +


Article 2 –

paragraph 1 –

point 1 a (new)

392 Daniel Dalton, Vicky

Ford


Article 2 –

paragraph 1 –

point 2 a (new)

398 Marietje Schaake Falls if CA 13 or AM 392 is adopted

24 Rapporteurs Identical. Put to the vote together

5 \ 168


pos. Remarks

Res

ult

of

vote

Article 2 –

paragraph 1 –

point 1 b (new)


Fall if CA 13 or AM 392 or 398 is adopted

Article 2 –

paragraph 1 –

point 2 a (new)

393 Róza Gräfin von Thun

und Hohenstein,

Tadeusz Zwiefka

Identical. Put to the vote together

Fall if CA 13 or AM 392, 398 or 24/394 is

adopted


Schwab

399 Julia Reda, Kaja

Kallas

Falls if CA 13 or AM 392, 398, 24/394 or

393/397 is adopted

Article 2 –

point 2

CA

17

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


23 Rapporteurs Falls if CA 17 is adopted


396 Antanas Guoga Falls if CA 17 or AM 23 or 395 is adopted

Article 2 –

paragraph 1 –

points 3 and 4

CA

18

Supported by EPP,

S&D, ECR, ALDE,

Greens, GUE +


Note: if adopted, ‘supplier’ will be

changed into ‘trader’ throughout the text

Article 2 –

paragraph 1 –

point 3

402 Constance Le Grip Falls if CA 18 is adopted


Ford


25 Rapporteurs



adopted

401 Antanas Guoga

403 Dennis de Jong


adopted

Article 2 – 26 Rapporteurs Falls if CA 18 is adopted

6 \ 168


pos. Remarks

Res

ult

of

vote

paragraph 1 –

point 4

404 Antanas Guoga


Compatible with AM 26: put to vote as an

addition

405 Julia Reda


Compatible with AMs 26 and 404: put to

vote as an addition

Article 2 –

paragraph 1 –

point 5

CA

20

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


406 Axel Voss, Eva

Maydell Deletion


409 Virginie Rozière Falls if CA 20 or AM 406 is adopted


Nicola Danti, Marc





17 LIBE

408 Antanas Guoga


adopted

407 Julia Reda


adopted

Article 2 –

paragraph 1 –

point 6

CA

21

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+

If adopted, go to AM 420

411 Axel Voss, Eva

Maydell Deletion


412 Marlene Mizzi Falls if CA 21 or AM 411 is adopted

413 Antanas Guoga


adopted

7 \ 168


pos. Remarks

Res

ult

of

vote

414 Marco Zullo


horizontal AM 1/71/72

Article 2 –

paragraph 1 –

point 6 a (new)

416 Marlene Mizzi


If adopted, go to 419

415 Axel Voss, Eva

Maydell


Falls if CA 1 or 416 is adopted


417 Julia Reda

418 Antanas Guoga

Article 2 –

paragraph 1 –

point 6 a (new)


Kerstin Westphal,

Marlene Mizzi, Josef

Weidenholzer, Lucy

Anderson, Christel

Schaldemose, Liisa

Jaakonsaari, Anna

Hedh, Nicola Danti,

Marc Tarabella,

Catherine Stihler,

Evelyn Regner


Compatible with the above AMs: put to

vote

[Note: If adopted, and any of the above

AMs is also adopted, AM 419 will become

point 6 b (new)]

Article 2 –

paragraph 1 –

point 7

420 Axel Voss, Eva

Maydell

Deletion


If adopted, the words “the definition of a

contract under” will be deleted in CA 23

Article 2 –

paragraph 1 –

point 8

CA

22

Supported by EPP,

S&D, ECR, ALDE,

Greens, EFDD

+


425 Kaja Kallas, Dita

Charanzová


422 Antanas Guoga Falls if CA 22 or AM 425 is adopted

27 Rapporteurs


423 Julia Reda

8 \ 168


pos. Remarks

Res

ult

of

vote


Ford


adopted

421 Marco Zullo



Article 2 –

paragraph 1 –

point 9

(definition of

‘interoperability

’)

CA

43

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


28

Rapporteurs

Deletion.




427 Lucy Anderson, Maria

Grapini, Marc

Tarabella, Afzal

Khan, Maria Arena,

Mary Honeyball,

Victor Negrescu

Falls if CA 43 or AM 28/426 is adopted

429 Philippe Juvin


adopted

432 Jean-Marie Cavada


adopted



adopted

431 Antanas Guoga


adopted

430 Marco Zullo



Article 2 –

paragraph 1 –

point 9 a (new)


Falls if CA 43 or AM 427, 429 or 432 is

adopted

Article 2 –

paragraph 1 –

point 9 a (new)

434 Philippe Juvin

Put to vote: compatible with CA 43


9 \ 168


pos. Remarks

Res

ult

of

vote

Article 2 –

paragraph 1 –

point 9 b (new)

435 Philippe Juvin

Put to vote: compatible with CA 43 and

AM 435


Article 2 –

paragraph 1 –

point 10

CA

39

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+



Deletion


29 Rapporteurs

Identical.



438 Marco Zullo


437 Daniel Buda



Article 2 –

paragraph 1 –

point 10 a

(new)

440 Victor Negrescu


Article 2 –

paragraph 1 –

point 11


Ford


Article 2 –

point 11 a

(new)

30 Rapporteurs


Article 3 –

paragraphs 1

and 4

CA

24

Supported by EPP,

S&D, ECR, ALDE,

GUE

+


Article 3 –

paragraph 1

445 Angel Dzhambazki Falls if CA 24 is adopted


Ford


444 Vicky Ford WD

WITHDRAWN

10 \ 168


pos. Remarks

Res

ult

of

vote

Do not put to vote

31 Rapporteurs


Fall if CA 24 or any of the above AMs is

adopted



Marlene Mizzi, Olga

Sehnalová, Josef

Weidenholzer,

Christel Schaldemose,

Anna Hedh, Lucy

Anderson, Liisa

Jaakonsaari, Nicola

Danti, Marc Tarabella,

Catherine Stihler,

Evelyn Regner



adopted

453 Maria Grapini

449 Eva Maydell, Róza

Gräfin von Thun und

Hohenstein, Andreas

Schwab


adopted



adopted

442 Julia Reda

Falls if CA 24 or CA 1 or any of the above

AMs is adopted

18 LIBE


adopted

454 Antanas Guoga

Identical. Put to vote together.

Fall if CA 24 or any of the other AMs

above is adopted


Charanzová

456 Inese Vaidere

450 Marco Zullo


adopted

11 \ 168


pos. Remarks

Res

ult

of

vote

443 Marietje Schaake


Compatible with any other AMs: put to

vote as addition

448 Daniel Buda



Article 3 –

paragraph 2

CA

28

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD +


If adopted/rejected, CA 29 is deemed

adopted/rejected

32 Rapporteurs

Identical. Put to vote together.

Fall if CA 28 is adopted

457 Marco Zullo



Charanzová

Falls if CA 28 or the above AMs is

adopted

Article 3 –

paragraph 2 a

(new)

460 Julia Reda


Article 3 –

paragraph 3

CA

14

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


Article 3 –

paragraph 3


und Hohenstein,

Tadeusz Zwiefka


33 Rapporteurs

Deletion.



BLOCK VOTE. Put to vote together with

AMs 34/468/469 of the same authors


462 Marco Zullo

464 Evelyne Gebhardt, Falls if CA 14 or any of the above Ams is

12 \ 168


pos. Remarks

Res

ult

of

vote

Axel Voss, Marlene

Mizzi, Lucy

Anderson, Christel

Schaldemose, Anna

Hedh, Josef

Weidenholzer, Liisa

Jaakonsaari, Olga

Sehnalová, Nicola


Catherine Stihler,

Evelyn Regner

adopted

465 Antanas Guoga


adopted

Article 3 –

paragraph 3 a

(new)

34 Rapporteurs

Identical.

Do not put to vote. Adopted/rejected with

AM 33/461/462


469 Marco Zullo

466 Eva Maydell, Pascal

Arimont, Andreas

Schwab


adopted

467 Andreas Schwab


adopted


und Hohenstein,

Tadeusz Zwiefka


adopted

Article 3 –

paragraph 4



Hohenstein

Deletion.



474 Kaja Kallas


adopted

476 Dita Charanzová


adopted

35 Rapporteurs Identical. Put to vote together

13 \ 168


pos. Remarks

Res

ult

of

vote

19 LIBE


adopted

473 Angel Dzhambazki


adopted



adopted


Ford


AMs is adopted

477 Julia Reda


adopted

475 Marco Zullo

Falls if CA 24 or AM 471, 472, 474 or 476

is adopted

Compatible with the other AMs, put to

vote as addition

478 Marco Zullo



Article 3 –

paragraph 5

CA

30

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


Article 3 –

paragraph 5 –

point a

481 Marco Zullo Falls if CA 30 is adopted

36 Rapporteurs Falls if CA 30 or AM 481 is adopted

483 Eva Maydell


adopted

485 Antanas Guoga


adopted

482 Andreas Schwab

Identical. put to vote together


adopted

484 Daniel Buda

Article 3 – 486 Virginie Rozière Falls if CA 30 is adopted

14 \ 168


pos. Remarks

Res

ult

of

vote

paragraph 5 –

point a a (new)

Article 3 –

paragraph 5 –

point a b (new)



Article 3 –

paragraph 5 –

point b


Josef Weidenholzer,

Anna Hedh, Lucy

Anderson, Christel

Schaldemose, Liisa

Jaakonsaari, Nicola


Catherine Stihler,

Evelyn Regner


Article 3 –

paragraph 5 –

point d

37 Rapporteurs


Article 3 –

paragraph 5 –

point e

38 Rapporteurs


Article 3 –

paragraph 5 a

(new)

490 Othmar Karas


If adopted, will become additional point in

paragraph 5

Article 3 –

paragraph 5 a

(new)

491 Philippe Juvin


If adopted, will become additional point in

paragraph 5

Article 3 –

paragraph 5 –

point e a (new)

489 Julia Reda, Dita

Charanzová, Kaja

Kallas

Put to vote as an addition to CA 30


Article 3 –

paragraph 5 a

(new)

492 Andreas Schwab

Falls if AM 490 is adopted


Article 3 –

paragraph 5 a 493 Daniel Buda

Falls if AM 490 or 492 is adopted

15 \ 168


pos. Remarks

Res

ult

of

vote

(new) If adopted, go to CA 31

Article 3 –

paragraph 6

CA

31

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD +


adopted/rejected


495 Eva Maydell Falls if CA 31 is adopted

39 Rapporteurs Falls if CA 31 or AM 495 is adopted

494 Daniel Buda


adopted

496 Antanas Guoga


adopted



adopted




498 Marco Zullo



Article 3 –

paragraph 7

CA

33

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


20 LIBE Falls if CA 33 is adopted

500 Eva Maydell Falls if CA 33 or LIBE 20 is adopted

40 Rapporteurs Identical. Put to vote together


adopted

501 Antanas Guoga

Article 3 –

paragraph 8

503 Julia Reda



21 LIBE

502 Maria Grapini Falls if CA 1 or any of the above AMs is

16 \ 168


pos. Remarks

Res

ult

of

vote

adopted

41 Rapporteurs


adopted


Ford


adopted


Schwab


adopted

506 Antanas Guoga


adopted

Article 3 –

paragraph 9

CA

67

Supported by EPP,

S&D, ECR, GUE,

Greens, EFDD

+

If adopted, CA 68 is deemed adopted

If adopted, go to 22 LIBE

42 Rapporteurs



508 Eva Maydell

507 Daniel Buda


Compatible with the other AMs: put to

vote as an addition

Article 3 –

paragraph 9 a

(new)

22 LIBE


Article 4 CA

35

Supported by EPP,

S&D, ECR, GUE,

Greens, EFDD +

If adopted, CAs 36 and 37 are deemed

adopted/rejected



Maria Grapini, Josef

Weidenholzer, Anna

Hedh, Christel

Schaldemose, Lucy

Anderson, Liisa

Jaakonsaari, Marc

Tarabella, Evelyn

Regner

Deletion



17 \ 168


pos. Remarks

Res

ult

of

vote

510 Mylène Troszczynski

511 Dennis de Jong


adopted

512 Julia Reda


adopted


Ford


adopted

513 Daniel Buda


adopted

Article 4 a

(new)

43 Rapporteurs



515 Marco Zullo

Article 4 a

(new) 516 Virginie Rozière

Compatible. Put to vote


Article 4 a

(new) 517 Philippe Juvin



Article 5 –

title

CA

38

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD +


adopted/rejected

If adopted, go to CAs 40bis/CA 41/CA42

44 Rapporteurs

Identical.



519 Eva Maydell

520 Marco Zullo

518 Daniel Buda


Article 5 –

paragraph 1 –


BLOCK VOTE with AMs 526 and 527

18 \ 168


pos. Remarks

Res

ult

of

vote

introductory

part


45 Rapporteurs

Falls if CA 38 or AMs 524/526/527 are

adopted

523 Marco Zullo

Identical.



522 Daniel Buda


Article 5 –

paragraph 1 –

point a


Deletion

Do not put to vote: adopted rejected with

AM 524 (BLOCK VOTE)

46 Rapporteur


adopted

Article 5 –

paragraph 1 –

point b


Deletion

Do not put to vote: adopted rejected with

AM 524 (BLOCK VOTE)

47 Rapporteurs


adopted

528 Daniel Buda

Identical.



529 Marco Zullo

530 Marco Zullo Do not put to vote. Technical AM

Article 5 –

paragraph 1 –

point b a (new)

48 Rapporteurs


Fall if CA 38 or AMs 524/526/527 are

adopted

531 Marco Zullo

Article 5 –

paragraph 2

532 Constance Le Grip Falls if CA 38 is adopted

49 Rapporteurs



533 Eva Maydell

534 Daniel Buda Falls if CA 38 or any of the above AMs is

19 \ 168


pos. Remarks

Res

ult

of

vote

adopted

536 Marco Zullo


adopted



Weidenholzer, Lucy

Anderson, Christel

Schaldemose, Anna

Hedh, Liisa

Jaakonsaari, Maria

Grapini, Marc




adopted

537 Antanas Guoga



adopted


Charanzová

23 LIBE


Compatible with any of the above AMs:

put to vote as an addition

Article 5 –

paragraph 2 a

(new)


Falls if CA 38 or LIBE 23 is adopted

Article 5 –

paragraph 2 a

(new)

540 Jean-Marie Cavada,

Kaja Kallas


Compatible with the above AMs

Article 5a

(new)

+

Article 6

+

Article 6a

(new)

CA 40bis

+

CA

41

+

CA

42

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+

Vote together as a BLOCK

If adopted/rejected, CAs 44 until 49 are

deemed adopted/rejected


Article 5a 50 Rapporteurs Identical. Put to vote together

20 \ 168


pos. Remarks

Res

ult

of

vote

(new) pc 1

Falls if CAs 40bis/41/42 are adopted

pc 1 concerns the title “Conformity of

...with the contract”

BLOCK VOTE on restructuration of

conformity requirements: put to vote

together

AMs 50 pc 1/541 pc 1, 51,

56/569/570/571, 57, 58/589, 59, 60 pc 1,

601 pc 1

If adopted, text will be restructured: Art.

5a (new) chapeau article, + Art. 6 + Art.

6a

541

pc 1

Evelyne Gebhardt,

Lucy Anderson, Anna

Hedh, Christel

Schaldemose, Liisa

Jaakonsaari, Josef

Weidenholzer, Maria

Grapini, Marc



541

pc 2

Evelyne Gebhardt,

Lucy Anderson, Anna

Hedh, Christel

Schaldemose, Liisa

Jaakonsaari, Josef

Weidenholzer, Maria

Grapini, Marc



Put to vote


Pc 2 concerns the text of the article: “In

order to confirm ... within a reasonable

timeframe”

50

pc 2

Rapporteurs

Falls if CAs 40bis/41/42 or AM 541 pc 2 is

adopted

Pc 2 concerns the text of the article: “In

order to confirm ... Articles 6, 6a, 7 and 8”

Article 6 – title 51 Rapporteurs

Do not put to vote:

adopted/rejected with BLOCK VOTE on

restructuration of conformity requirements


Ford

Falls if BLOCK VOTE on restructuration

of conformity requirements is adopted

542 Daniel Buda

Identical.

543 Eva Maydell

21 \ 168


pos. Remarks

Res

ult

of

vote

544 Marco Zullo Do not put to vote: adopted/rejected with

horizontal AMs 1/71/72 545 Virginie Rozière

Article 6 –

paragraph -1

(new)



Article 6 –

paragraph 1 –

introductory

part

Subjective

conformity

requirements

548 Julia Reda


Fall if CAs 40bis/41/42 or CA 1 are

adopted

24 LIBE



Compatible: put to the vote as addition

551 Antanas Guoga


Compatible: put to the vote as addition

52 Rapporteurs

Identical.



549 Daniel Buda

550 Marco Zullo

Article 6 –

paragraph 1 –

point a




Falls if CAs 40bis/41/42 or AM 554 is

adopted


Falls if CAs 40bis/41/42 or any of the


556 Philippe Juvin



53 Rapporteurs


Falls if CAs 40bis/41/42 or AM 554 or 556

is adopted


vote as an addition

555 Maria Grapini

22 \ 168


pos. Remarks

Res

ult

of

vote

553 Marco Zullo


adopted


vote as addition

Article 6 –

paragraph 1 –

point b


Ford




(Subjective and objective conformity

requirements)



adopted

Article 6 –

paragraph 1 –

point b a (new)

561 Julia Reda


If BLOCK VOTE on restructuration of

conformity requirements is adopted, to be

included in the objective requirements

(Objective conformity requirements)



adopted





54 Rapporteurs


Compatible with the above AMs. Put to the

vote

Article 6 –

paragraph 1 –

point b b (new)



adopted




23 \ 168


pos. Remarks

Res

ult

of

vote


Article 6 –

paragraph 1 –

point c

564 Eva Maydell

Deletion


565 Marco Zullo


adopted

Article 6 –

paragraph 1 –

point d

566 Eva Maydell

Deletion


25 LIBE


adopted


Falls if CAs 40bis/41/42 or AMs 25 or 566

is adopted

Article 6 –

paragraph 1 –

point d a (new)

568 Maria Grapini





Article 6 –

paragraph 2

56 Rapporteurs

Deletion.

Do not put to vote:



Article 6 –

paragraph 2


Article 6 –

paragraph 2

570 Marco Zullo

Article 6 –

paragraph 2

571 Eva Maydell

Article 6 –

paragraph 2 –

introductory

part

26 LIBE




24 \ 168


pos. Remarks

Res

ult

of

vote


Charanzová



of conformity requirements or AM 561,

563 or 568 is adopted

573 Antanas Guoga



of conformity requirements or AM 561,

563, 568 or 572 is adopted






vote as addition

Article 6 –

paragraph 2 –

point a

575 Birgit Collin-Langen Deletion. put to vote together


576 Antanas Guoga

577 Julia Reda

27 LIBE

Falls if CAs 40bis/41/42 or AM

575/576/577 is adopted


conformity requirements is adopted, will

be moved to Article 6a (new)


Grapini, Marc

Tarabella, Marlene

Mizzi, Afzal Khan,

Maria Arena, Mary

Honeyball, Victor

Negrescu



Content different than actual point a; vote

as additional point

Article 6 –

paragraph 2 –

point a a (new)

28 LIBE

Falls if AM 561, 563, 568, 572 or 573 is

adopted


25 \ 168


pos. Remarks

Res

ult

of

vote



Article 6 –

paragraph 2 –

point b

579 Julia Reda

Deletion


AM 561

Article 6 –

paragraph 2 –

point b

580 Marlene Mizzi


adopted

Article 6 –

paragraph 2 –

point b

29 LIBE


Compatible with 580. Put to vote as an

addition

Article 6 –

paragraph 2 –

point b a (new)

30 LIBE


Article 6 –

paragraph 2 –

point c – point

i

581 Julia Reda

Deletion


AM 561

Article 6 –

paragraph 2 –

point c – point

ii

582 Julia Reda

Deletion


AM 561

Article 6 –

paragraph 2 –

point c – point

iii

583 Julia Reda

Deletion


AM 561

Article 6 –

paragraph 3

57 Rapporteurs

Deletion

Do not put to vote:



584 Andreas Schwab



26 \ 168


pos. Remarks

Res

ult

of

vote



585 Julia Reda Identical. Put to vote together.

Fall if CAs 40bis/41/42 are adopted

AMs compatible with AM 584: put to vote

as an addition




31 LIBE

586 Eva Maydell

Identical.



587 Marco Zullo

Article 6 –

paragraph 3 –

point 1 (new)



adopted




Article 6 –

paragraph 4

58 Rapporteurs

Deletion

Identical

Do not put to vote:



589 Eva Maydell


Charanzová Deletion


591 Julia Reda



Article 6 –

paragraph 4 a

(new)



27 \ 168


pos. Remarks

Res

ult

of

vote

Article 6 –

paragraph 5

59 Rapporteurs

Deletion

Do not put to vote:



Article 6 –

paragraph 5

596 Philippe Juvin




Article 6 –

paragraph 5


Article 6 –

paragraph 5


Article 6 –

paragraph 5

593 Julia Reda

Falls if CAs 40bis/41/42 or CA 1 is

adopted

Put to vote as an addition to the above

AMs




Article 6 –

paragraph 5

594 Eva Maydell

Identical.

Do not put to vote:



Article 6 –

paragraph 5

595 Marco Zullo

Article 6 –

paragraph 5 a

(new)

599 Tadeusz Zwiefka,

Róza Gräfin von Thun

und Hohenstein


adopted

Article 6 –

paragraph 5 a

(new)

32 LIBE


(GDPR)

Article 6 a

(new)

60

pc 1

Rapporteurs

Identical.

Do not put to vote:



601

pc 1

Eva Maydell

28 \ 168


pos. Remarks

Res

ult

of

vote

Pc 1 concerns the title: “Objective

requirements for conformity with the

contract”

60

pc 2

Rapporteurs


adopted

Pc 2 concerns the text of the entire article:

“1. The digital content ... 4. ... reasonable

timeframe”

601

pc 2

Eva Maydell

Falls if CAs 40bis/41/42 or AM 561 or 60

pc 2 is adopted

600 Marco Zullo

Falls if CAs 40bis/41/42 or AM 561, 60 pc

2 or 601 pc 2 is adopted

Article 7 CA

50

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD +


adopted/rejected


Article 7 – title 602 Axel Voss, Eva

Maydell



Article 7 –

paragraph 1 –

introductory

part

605 Axel Voss, Eva

Maydell




Nicola Danti, Josef

Weidenholzer,


Lucy Anderson, Liisa

Jaakonsaari, Anna

Hedh, Marc Tarabella,

Evelyn Regner

603 Marco Zullo



Article 7 –

paragraph 1 –

point a

606 Axel Voss, Eva

Maydell

Identical.




Nicola Danti, Josef

29 \ 168


pos. Remarks

Res

ult

of

vote

Weidenholzer, Anna

Hedh, Lucy Anderson,


Liisa Jaakonsaari,

Marc Tarabella,

Evelyn Regner

608 Marco Zullo

Article 7 –

paragraph 1 –

point b

609 Axel Voss, Eva

Maydell

Do not put to vote. Technical adjustment

to restructuration


Nicola Danti, Lucy

Anderson, Anna

Hedh, Christel

Schaldemose, Josef

Weidenholzer, Liisa

Jaakonsaari, Marc

Tarabella, Evelyn

Regner


to restructuration

611 Julia Reda


to restructuration

612 Marco Zullo



Article 7 –

paragraph 1 –

subparagraph 2

(new)



Article 7 a

(new) 614 Philippe Juvin


Article 8 CA

52

Supported by EPP,

S&D, ECR, ALDE,

GUE, EFDD +


adopted/rejected


Article 8 –

paragraph 1

616 Axel Voss, Eva

Maydell




30 \ 168


pos. Remarks

Res

ult

of

vote

Marlene Mizzi, Olga

Sehnalová, Anna



Liisa Jaakonsaari,

Josef Weidenholzer,

Marc Tarabella,

Catherine Stihler,

Evelyn Regner

615 Angelika Niebler


adopted

618 Philippe Juvin


adopted



adopted



adopted



adopted

619 Marco Zullo



Article 8 –

paragraph 2

623 Axel Voss, Eva

Maydell Deletion



Josef Weidenholzer,

Anna Hedh, Christel

Schaldemose, Lucy

Anderson, Liisa

Jaakonsaari, Marc

Tarabella, Evelyn

Regner


624 Philippe Juvin




31 \ 168


pos. Remarks

Res

ult

of

vote




adopted

626 Marco Zullo



Article 8 –

paragraph 2 a

(new)

630 Julia Reda

Compatible with CA 52


Article 8a

(new)

CA

54

Supported by EPP,

S&D, ECR, ALDE,

GUE, EFDD

+


Article 6 –

paragraph 1 a

(new)

55 Rapporteurs


Article 8 a

(new) 631 Marco Zullo


632 Axel Voss, Eva

Maydell



633 Dennis de Jong

Falls if AMs 631 or 632 is adopted


Article 8 a

(new) 634 Evelyne Gebhardt,

Biljana Borzan, Marc




Article 8 b


Kerstin Westphal,

Nicola Danti, Virginie

Rozière, Maria

Grapini, Olga

Sehnalová, Josef

Weidenholzer,


32 \ 168


pos. Remarks

Res

ult

of

vote


Anna Hedh, Lucy

Anderson, Liisa

Jaakonsaari, Biljana

Borzan, Marc



Article 9 CA

58

Supported by EPP,

S&D, ECR

+

Block Vote with CA 59 and CA 60


Note: if adopted, this will become Article

10.

Article 9 CA

58a

Supported by Greens

and GUE


Alternative compromise: same text as

CA 58 without paragraph 1b

Block Vote with CA 59a and CA 60


Note: if adopted, a two-year period for all

types of digital content will apply

Article 9 636 Angelika Niebler

Falls if CA 55/CA

58, 58a or AM 633 is adopted.

Block Vote with AMs 661 and 683.

Deletion.

Article 9 –

paragraph 1

637 Dennis de Jong

Do not put to vote - deemed

adopted/rejected with the

adoption/rejection of AM 633.

638 Dietmar Köster

Falls if CA 58, 58a /AM 633/AM 636 is

adopted.

If adopted, go to AM 646.

643 Lara Comi, Elisabetta

Gardini, Stefano

Maullu

Falls if any of the above AMs or CA 58,

58a is adopted.

33 \ 168


pos. Remarks

Res

ult

of

vote


644 Axel Voss, Eva

Maydell


58a is adopted.



Charanzová, Jean-

Marie Cavada


58a is adopted.


640 Lambert van

Nistelrooij

Falls if CA 58, 58a or AMs

636/638/643/644/639 is adopted.

Compatible with AM 637 If adopted, go to AM 646.

641 Birgit Collin-Langen


636/638/643/644/639/640 is adopted.


642 Andreas Schwab


636/638/643/644/639/640/641 is adopted.


645 Antanas Guoga

Falls if any of AMs 636/638/643/644 or

CA 58, 58a is adopted.

Compatible with AM 637/639/640-642

Article 9 –

paragraph 1 a

(new)


Gardini, Stefano

Maullu

Falls if AM 636 or CA 58, 58a is adopted.

Article 9 –

paragraph 1 b

(new)


Gardini, Stefano

Maullu

Falls if AM 636/637/638/644 or CA 58,

58a is adopted.

Article 9 –

paragraph 2

648 Angel Dzhambazki Falls if AM 636 or CA 58 , 58a is adopted.


Falls if AM 636 or CA 58, 58a is adopted.

Compatible with AM 648



34 \ 168


pos. Remarks

Res

ult

of

vote

Nicola Danti, Josef

Weidenholzer, Lucy

Anderson, Christel

Schaldemose, Liisa

Jaakonsaari, Anna


Catherine Stihler,

Evelyn Regner

Identical


horizontal AMs 1/71/72.

651 Axel Voss, Eva

Maydell

652 Marco Zullo


Gardini, Stefano

Maullu

Do not put to vote - Adopted/rejected

with adoption/rejection of AM 647

649 Julia Reda Falls if AM 636 or CA 58, 58a is adopted.

Article 9 –

paragraph 3

655 Axel Voss, Eva

Maydell

Do not put to vote - Deemed

adopted/rejected with adoption/rejection of

AM 644.


Marlene Mizzi, Nicola

Danti, Josef

Weidenholzer,


Anna Hedh, Lucy

Anderson, Liisa

Jaakonsaari, Marc



Falls if CA 58, 58a is adopted.


33 LIBE

Falls if any of the above AMs or CA 58 ,

58a is adopted.


658 Antanas Guoga

Falls if AM 655/656 or CA 58, 58a is

adopted.


Falls if CA 58 , 58a is adopted.

Compatible with AM 657/656/655.

35 \ 168


pos. Remarks

Res

ult

of

vote

Article 9 a

(new)

660 Marco Zullo

Falls if CA 58, 58a is adopted.

Article 9 –

paragraph 3 657 Julia Reda

Compatible with CA 58 and CA 58a. Put

to vote as an addition.


Article 10 CA

55

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD +

Block Vote with CA 56/CA 57


Note: if adopted, this will become Article 9

Article 10 –

title


Do not put to vote - adopted/rejected with

AM 636 (block vote)

Article 10 –

paragraph 1 –

introductory

part

662 Julia Reda

Falls if CA 55 is adopted.

Article 10 –

paragraph 1 –

point a

663 Axel Voss, Eva

Maydell


Identical - put to vote together


Liisa Jaakonsaari,

Lucy Anderson,


Anna Hedh, Josef

Weidenholzer, Marc



667 Daniel Buda



666 Marco Zullo

665 Antanas Guoga Falls if AM 663/664 or CA 55 is adopted.

Article 10 –

paragraph 1 –

point b


Lucy Anderson,


Anna Hedh, Liisa

Jaakonsaari, Josef

Falls if CA 55 or Block Vote on AM 636 is

adopted.


36 \ 168


pos. Remarks

Res

ult

of

vote

Weidenholzer, Marc



Identical

669 Axel Voss, Eva

Maydell


Charanzová

Falls if 668/669, Block Vote on AM 636 or

CA 55 is adopted.

671 Daniel Buda



672 Marco Zullo

673 Andreas Schwab



34 LIBE

Article 10 –

paragraph 1 –

point b a (new)

674 Julia Reda


Article 10 –

paragraph 1 –

point b b (new)

35 LIBE

Falls if AM 674 or CA 55 is adopted.

Article 10 –

paragraph 1 –

point c

675 Marlene Mizzi

Falls, if AM 668/669 or Block Vote on

AM 636 or CA 55 is adopted.

676 Kaja Kallas, Jean-

Marie Cavada, Dita

Charanzová

Falls if CA 55/CA 58, , 58a Block Vote on

AM 636, AM 668/669 is adopted.

678 Daniel Buda



Identical

677 Marco Zullo

679 Andreas Schwab Falls, if AM 668/669 or CA 55 is adopted

Article 10 –

paragraph 1 –

point c a (new)

680 Antanas Guoga


Article 10 – 681 Julia Reda Falls if CA 55 is adopted.

37 \ 168


pos. Remarks

Res

ult

of

vote

paragraph 1 –

point c b (new)

Article 10 –

paragraph 1 –

subparagraph

1a (new)

682 Julia Reda


Article 10 –

paragraph 1 a

(new)



AM 636 (Block Vote)

Article 10 –

paragraph 1 a

(new)

684 Inese Vaidere

Falls if AM 643, 668-673, 675-679 or CA

55 or Block Vote on AM 636 are adopted.

Article 10 –

paragraph 1 b

(new)



Article 10 –

paragraph 1 c

(new)

686 Andreas Schwab


Article 11 CA

61

Supported by EPP,

S&D, ECR, ALDE,

GUE, EFDD

+

Block vote with CA 62


Article 11 687 Julia Reda


Block Vote with AM

701/703/710/725/734/756

Deletion.

Article 11 –

title

688 Axel Voss, Eva

Maydell

Falls if CA 61 or block vote on AM 687 is

adopted.

Article 11 –

paragraph 1

689 Othmar Karas


adopted

690 Axel Voss, Eva

Maydell

Falls if CA 61, block vote on AM 687 or

AM 689 is adopted

691 Antanas Guoga


689/690 is adopted

38 \ 168


pos. Remarks

Res

ult

of

vote


Josef Weidenholzer,

Anna Hedh, Christel

Schaldemose, Lucy

Anderson, Liisa

Jaakonsaari, Marc





Identical

692 Marco Zullo

Article 11 –

paragraph 1 a

(new)



adopted.

Article 11 –

paragraph 1 b

(new)


Marlene Mizzi, Maria

Grapini, Josef

Weidenholzer,


Lucy Anderson, Anna

Hedh, Liisa

Jaakonsaari, Marc




adopted.

Identical

Article 11 –

paragraph 1 c

(new)

696 Axel Voss, Eva

Maydell

Article 11 –

paragraph 1 d

(new)


Marc Tarabella,

Evelyn Regner

Falls if CA 61 or AM 601, or or block vote

on AM 687 is adopted.

Block Vote with AM

699/700/732/737/740/744/746/750/755/76

9/845/AM 851

Article 11 –

paragraph 1 e

(new)

698 Axel Voss, Eva

Maydell


adopted.

Block Vote with AM 846/ AM 850

Article 11 a

(new)


Virginie Rozière,

Lucy Anderson, Olga


AM 697 (Block Vote)

39 \ 168


pos. Remarks

Res

ult

of

vote

Sehnalová, Josef

Weidenholzer,


Anna Hedh, Liisa

Jaakonsaari, Marc



Article 12 CA

63

Supported by EPP,

S&D, ECR, ALDE,

GUE, EFDD

+

Block Vote with CA 64/ CA 65/ CA 66


Article 12 –

title


Virginie Rozière,

Lucy Anderson, Olga

Sehnalová, Josef

Weidenholzer,


Anna Hedh, Liisa

Jaakonsaari, Marc




AM 697 (Block Vote)

701 Julia Reda

Do not put to vote -

adopted/rejected with AM 687 (Block

Vote)

702 Marco Zullo


adopted.

Article 12 –

paragraph 1 –

subparagraph 1

703 Julia Reda


AM 687 (Block Vote)

704 Marlene Mizzi


block vote on AM 698 is adopted.

705 Axel Voss, Eva

Maydell

Falls if any of the AMs, block vote on AM

698 or CA 63 are adopted.


Virginie Rozière,

Lucy Anderson, Olga

Sehnalová, Josef

Weidenholzer,

Falls if any of the AMs, block vote on AM

698 or CA 63 are adopted.

Except: Compatible with AM 704

40 \ 168


pos. Remarks

Res

ult

of

vote


Anna Hedh, Liisa

Jaakonsaari, Marc



707 Marco Zullo



Article 12 –

paragraph 1 –

subparagraph 2

710 Julia Reda


AM 687 (Block Vote)

Deletion

Article 12 –

paragraph 1 –

subparagraph 2

– introductory

part

708 Axel Voss, Eva

Maydell

Falls if any of the AMs 704-AM 707,

block vote on AM 687 or AM 698 or CA

63 are adopted.


Lucy Anderson, Josef

Weidenholzer, Liisa

Jaakonsaari, Christel

Schaldemose, Anna


Catherine Stihler,

Evelyn Regner



Identical

711 Marco Zullo


Falls if CA 63, AM 708 or Block Vote on

AM 687 is adopted

Article 12 –

paragraph 1 –

subparagraph 2

– point a

713 Julia Reda


Falls if Block Vote E is adopted.

Deletion - if adopted go to AM 718.

715 Andreas Schwab

Falls if CA 63, AM 713 /the horizontal

amendment or Block Vote on AM 687/697

is adopted.

Block Vote with AM 721, AM 736, AM

752.

717 Axel Voss, Eva

Maydell

Falls if any of the above AMs, CA 63 or

Block Vote on AM 687 is adopted.

41 \ 168


pos. Remarks

Res

ult

of

vote



Weidenholzer, Liisa


Schaldemose, Anna


Catherine Stihler,

Evelyn Regner



Identical

716 Marco Zullo

Article 12 –

paragraph 1 –

subparagraph 2

– point a a

(new)


Charanzová

Falls if CA 63 or Block Vote on AM 687 is

adopted.

Article 12 –

paragraph 1 –

subparagraph 2

– point b

719 Julia Reda

Falls if CA 63 or Block Vote on AM

687/697 is adopted.

Deletion - if adopted go to AM 724.

720 Axel Voss, Eva

Maydell

Falls if AM 719, CA 63 or Block Vote on

AM is adopted

721 Andreas Schwab


AM 715 (block vote)



Weidenholzer, Liisa


Schaldemose, Anna


Catherine Stihler,

Evelyn Regner



Identical

723 Marco Zullo

Article 12 –

paragraph 2

724 Othmar Karas

Falls if CA 63 or Block Vote on AM

687/697 is adopted.

725 Julia Reda


AM 687 (block vote)

42 \ 168


pos. Remarks

Res

ult

of

vote

729 Marco Zullo Falls if CA 63 is adopted.

728 Virginie Rozière Falls if CA 63 or AM 729 is adopted.

726 Axel Voss, Eva

Maydell



Identical


Josef Weidenholzer,


Lucy Anderson, Anna

Hedh, Liisa

Jaakonsaari, Marc



36 LIBE Falls if CA 63 is adopted.

Article 12 –

paragraph 2 a

(new)

730 Axel Voss, Eva

Maydell

Falls if CA 63,

AM 724 or block vote on AM 697 is

adopted.

Article 12 –

paragraph 2 b

(new)

731 Andreas Schwab

Falls if CA 63,

AM 724/ AM 730 or block vote on AM

697 is adopted.

Article 12 –

paragraph 3

733 Marco Zullo

Falls if CA 63, block votes on AM

697/687/715 is adopted.

Block Vote with AM 749 and 767

Deletion - if adopted, go to AM 749

734 Julia Reda


AM 687 (block vote)

Deletion

Article 12 –

paragraph 3 –

introductory

part


Lucy Anderson,


Liisa Jaakonsaari,

Anna Hedh, Josef

Weidenholzer, Marc




AM 697 (block vote)

735 Axel Voss, Eva Falls if CA 63 or block votes on AM

43 \ 168


pos. Remarks

Res

ult

of

vote

Maydell 687/697 or AM 733 is adopted.

736 Andreas Schwab


AM 715 (block vote).

Article 12 –

paragraph 3 –

point a



Jaakonsaari, Anna

Hedh, Josef

Weidenholzer,


Marc Tarabella,

Catherine Stihler,

Evelyn Regner


AM 697 (block vote)

Deletion

Identical

738 Julia Reda

739 Axel Voss, Eva

Maydell

Falls if CA 63, AM 738 or block votes

687/697 is adopted

Article 12 –

paragraph 3 –

point b


Josef Weidenholzer,

Lucy Anderson,


Anna Hedh, Liisa

Jaakonsaari, Marc




AM 697 (block vote)

Deletion

Identical

741 Julia Reda

742 Axel Voss, Eva

Maydell


adopted.

Article 12 –

paragraph 3 –

point c


Josef Weidenholzer,

Lucy Anderson, Anna

Hedh, Christel

Schaldemose, Liisa

Jaakonsaari, Marc




AM 697 (block vote)

Deletion

44 \ 168


pos. Remarks

Res

ult

of

vote

743 Julia Reda

Identical

745 Axel Voss, Eva

Maydell



Article 12 –

paragraph 3 –

point d


Lucy Anderson, Anna

Hedh, Christel

Schaldemose, Josef

Weidenholzer, Liisa

Jaakonsaari, Marc




AM 697 (block vote)

Deletion

Identical

748 Julia Reda

747 Axel Voss, Eva

Maydell



Article 12 –

paragraph 4

749 Marco Zullo


AM 733 (block vote)

Deletion


Josef Weidenholzer,

Lucy Anderson,


Anna Hedh, Liisa

Jaakonsaari, Marc




AM 697 (block vote)

Deletion


Gardini, Stefano

Maullu


adopted.

752 Andreas Schwab


AM 715 (block vote)

753 Julia Reda

Falls if CA 63,

AM 749 or block vote on AM 697 is

adopted

45 \ 168


pos. Remarks

Res

ult

of

vote


754 Axel Voss, Eva

Maydell


Compatible with AM 751/753

Article 12 –

paragraph 5


Josef Weidenholzer,

Lucy Anderson,


Anna Hedh, Liisa

Jaakonsaari, Marc




AM 697 (block vote)

Deletion

756 Julia Reda


AM 687 (block vote)


Falls if CA 63 or AM 601 or block votes

on AM 687/697 is adopted.


Charanzová

Falls if CA1/ CA 63, AM 601 or

AM 757 is adopted.

758 Axel Voss, Eva

Maydell

Deemed adopted/rejected with AM 601.


Falls if CA 63,

AM 757 or block votes on AM 697/698 is

adopted.

Compatible with AM 758/759


Falls if CA 63,

AM 757/758 or block votes on AM

697/698 is adopted.

762 Marco Zullo

Falls if CA 63,

AM 757/758, the horizontal amendment or

block votes on AM 697/698 is adopted.

37 LIBE

Falls if CA 63,

AM 757/758 or block votes on AM

697/698 or block vote on AM 697 is

46 \ 168


pos. Remarks

Res

ult

of

vote

adopted.

Article 12 –

paragraph 5 a

(new)

763 Axel Voss, Eva

Maydell

Falls if CA 63, AM 759,

or block vote on AM 697 is adopted.

Article 12 –

paragraph 5 b

(new)

764 Maria Grapini


adopted.

Article 12 –

paragraph 5 c

(new)

765 Axel Voss, Eva

Maydell


adopted.

Article 12 –

paragraph 5 d

(new)

766 Axel Voss, Eva

Maydell


Article 12 a

(new)

767 Marco Zullo


AM 733 (block vote)

Article 12 c

(new)


Kerstin Westphal,

Biljana Borzan, Josef

Weidenholzer, Lucy

Anderson, Christel

Schaldemose, Anna

Hedh, Liisa

Jaakonsaari, Olga

Sehnalová, Marc




AM 697 (block vote)

Article 12 b

(new) 768 Julia Reda

Compatible with CA 63


Article 13 CA

69

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+

Block vote with CA 70/ CA 71/ CA 72/

CA 73/ CA 74

/ CA 75


Note: if adopted, this will become Articles

13, 13a, 13b and 13c.

47 \ 168


pos. Remarks

Res

ult

of

vote

Article 13 –

title


Nicola Danti, Olga

Sehnalová, Josef

Weidenholzer, Anna

Hedh, Christel

Schaldemose, Lucy

Anderson, Liisa

Jaakonsaari, Marc

Tarabella, Evelyn

Regner


771 Marco Zullo


Article 13 –

paragraph 1


Nicola Danti, Biljana

Borzan, Olga

Sehnalová, Lucy

Anderson, Josef

Weidenholzer,


Anna Hedh, Liisa

Jaakonsaari, Catherine

Stihler, Marc

Tarabella, Evelyn

Regner


773 Daniel Buda Falls if CA 69 or AM 772 is adopted


Charanzová

Falls if CA 69 or if any of the above is

adopted.


Ford


adopted.



adopted.



adopted.

778 Antanas Guoga


adopted.

779 Axel Voss, Eva Falls if CA 69 or if any of the above is

48 \ 168


pos. Remarks

Res

ult

of

vote

Maydell adopted.



adopted.

Article 13 –

paragraph 1 a

(new)

781 Marco Zullo


Article 13 –

paragraph 1 b

(new)


Grapini, Marc

Tarabella, Afzal

Khan, Maria Arena,

Mary Honeyball,

Victor Negrescu

Falls if CA 67 or CA 69 is adopted.

Article 13 –

paragraph 1 c

(new)


Ford, Anneleen Van

Bossuyt


Article 13 –

paragraph 2

784 Axel Voss, Eva

Maydell



Article 13 –

paragraph 2 –

introductory

part


Nicola Danti, Christel

Schaldemose, Josef

Weidenholzer, Anna


Liisa Jaakonsaari,

Marc Tarabella

Falls if CA 69 or AM 784 is adopted.

Article 13 –

paragraph 2 –

point a


Olga Sehnalová, Lucy

Anderson, Christel

Schaldemose, Anna

Hedh, Josef

Weidenholzer, Liisa

Jaakonsaari, Marc


Stihler

Falls if CA 69 or AM 784 is adopted.


787 Antanas Guoga

Falls if CA 69, AM 784/786 or block vote

on AM 697 is adopted.

788 Angelika Niebler Falls if CA 69 or AM 784/786 is adopted.

49 \ 168


pos. Remarks

Res

ult

of

vote


Article 13 –

paragraph 2 –

point b




Jaakonsaari, Josef

Weidenholzer, Anna


Catherine Stihler

Falls if CA 69 or

AM 784 is adopted



Ford

Falls if CA 1/ CA 69 or AM 784/89 is

adopted.

792 Antanas Guoga

Falls if CA 1/ CA 69 or AM 784/789 is

adopted.

790 Julia Reda

Falls if CA 69 or 784 or any of the above

AMs is adopted.

38 LIBE

Falls if CA 69 or 784 or any of the above

AMs is adopted.

798 Marlene Mizzi

Falls if CA 1/ CA 69 or any of the above

AMs is adopted.


Marie Cavada, Dita

Charanzová

Falls if CA 69 or if any of the above AMs

is adopted.



is adopted.

796 Marco Zullo


is adopted.


Falls if CA 69 or AM 784/789/792 is

adopted.

Compatible with 790/791/793/794/796




Article 13 –

paragraph 2 –

799 Andreas Schwab Falls if CA 69 or AM 790 is adopted


800 Antanas Guoga

50 \ 168


pos. Remarks

Res

ult

of

vote

point c



Lucy Anderson, Anna

Hedh, Josef

Weidenholzer, Liisa

Jaakonsaari, Marc


Stihler



Marie Cavada, Dita

Charanzová


adopted.



adopted.



Ford

Falls if CA 1/ CA 69 or AM

799/800/801/803 is adopted.

Except: Compatible with AM 802



is adopted.

Except: AM 802 compatible



is adopted.

Except: AM 802 compatible

804 Julia Reda


Compatible with AM 805/806.


39 LIBE

808 Marco Zullo

Do not put to vote -

Adopted/rejected with AM 796.



adopted.

Except: Compatible with AM

802/804/805/808



adopted.

51 \ 168


pos. Remarks

Res

ult

of

vote

Except: Compatible with

AM802/804/805/808



adopted.

Except: Compatible with AM

802/804/808/810

Article 13 –

paragraph 2 –

point d

812 Julia Reda Falls if CA 69 is adopted.




Josef Weidenholzer,

Lucy Anderson,


Anna Hedh, Liisa


Stihler, Marc

Tarabella


Ford


adopted.

Article 13 –

paragraph 2 –

point e


Liisa Jaakonsaari,


Lucy Anderson, Anna

Hedh, Josef

Weidenholzer, Marc


Stihler


Deletion - if adopted, go to AM 820.

Article 13 –

paragraph 2 –

point e –

introductory

part


Ford

Falls if CA 69 or AM 784/815 is adopted.

Article 13 –

paragraph 2 –

point e – point

i

818 Dennis de Jong



Article 13 –

paragraph 2 –

point e – point


Ford


Compatible with AM 818.

52 \ 168


pos. Remarks

Res

ult

of

vote

i

Article 13 –

paragraph 2 –

point e – point

ii

819 Julia Reda


Article 13 –

paragraph 2 –

point e a (new)

820 Andreas Schwab


Article 13 –

paragraph 2 a

(new)

821 Julia Reda

Falls if CA 69 or AM 784/ AM

789/791/792/793/798 are adopted.

Article 13 –

paragraph 2 b

(new)


Gardini


Article 13 –

paragraph 2 c

(new)

823 Julia Reda


adopted.

Article 13 –

paragraph 3


Kerstin Westphal,


Weidenholzer,


Lucy Anderson, Anna

Hedh, Liisa

Jaakonsaari, Maria

Grapini, Catherine

Stihler, Marc

Tarabella


Deletion

Identical


825 Axel Voss, Eva

Maydell


Charanzová


827 Marco Zullo



829 Julia Reda Falls if CA 69 is adopted

53 \ 168


pos. Remarks

Res

ult

of

vote

Falls if any of the above is adopted

828 Antanas Guoga Falls if CA 69 or AM 824/825 is adopted

Article 13 –

paragraph 4


Kerstin Westphal,


Weidenholzer,


Lucy Anderson, Anna

Hedh, Liisa

Jaakonsaari, Maria

Grapini, Catherine

Stihler, Marc

Tarabella


Deletion

Identical



Gardini, Stefano

Maullu

832 Axel Voss, Eva

Maydell

833 Marco Zullo


adopted

Article 13 –

paragraph 5

834 Axel Voss, Eva

Maydell

Do not vote

Adopted/rejected if AM 765 is

adopted/rejected

Deletion

Identical

835 Julia Reda


Marlene Mizzi, Marc


Stihler, Maria Grapini,

Josef Weidenholzer,


Lucy Anderson, Anna

Hedh, Liisa

Jaakonsaari



837 Lara Comi, Elisabetta Falls if CA 69, AM 765 or AM 836 is

54 \ 168


pos. Remarks

Res

ult

of

vote

Gardini, Stefano

Maullu

adopted


838 Marco Zullo

Falls if CA 69, AM 765 or any of the


Article 13 –

paragraph 5 a

(new)


Kerstin Westphal,

Nicola Danti, Marc





Schaldemose, Anna

Hedh

Do not vote

Deemed adopted/rejected if AM 772 is

adopted/rejected

Article 13 –

paragraph 6

840 Axel Voss, Eva

Maydell


Deletion

Identical



Marc Tarabella,

Catherine Stihler,

Josef Weidenholzer,

Lucy Anderson,


Anna Hedh, Liisa

Jaakonsaari

842 Antanas Guoga



844 Othmar Karas


adopted


843 Marco Zullo

Falls if CA 69, AM 840/841 or AM 844 is

adopted


Article 13 a

(new)


Marlene Mizzi,


Falls if AM 786, AM 789, AMs

55 \ 168


pos. Remarks

Res

ult

of

vote

Biljana Borzan, Marc



Lucy Anderson,


Anna Hedh, Josef

Weidenholzer, Liisa

Jaakonsaari

799/800/801, AM 825 and AMs

830/831/832 are not adopted


Article 13 a

(new)

846 Axel Voss, Eva

Maydell


Falls if AM 784, 824/825 or 840/841 are

not adopted

Article 13 d

(new)

854 Axel Voss, Eva

Maydell



Article 14 a

(new)

871 Marco Zullo



Article 13 a

(new)

848 Dietmar Köster


Falls if AM 638, AM 854 or 871 is

adopted


Article 13 a

(new)

847 Dennis de Jong


Falls if AM 854, AM 871 or 848 is

adopted


Article 13 a

(new)



Falls if AM 854, AM 871, AM 848 or AM

847 is adopted

Article 13 b

(new)

850 Axel Voss, Eva

Maydell


Falls if AMs 812/813, AM 815 or AMs


Incompatible with AM 817, AM 818 and

AM 819


56 \ 168


pos. Remarks

Res

ult

of

vote

Article 13 b

(new)


Marlene Mizzi, Marc


Stihler, Lucy

Anderson, Josef

Weidenholzer, Anna

Hedh, Christel

Schaldemose, Liisa

Jaakonsaari


Falls if AMs 812/813, AM 815 or AMs


Incompatible with AM 817, AM 818 and

AM 819

Article 13 c

(new)

852 Axel Voss, Eva

Maydell

Falls if CA 1 or CA 69 is adopted

Falls if AM 846 or AM 850 is not adopted


Article 13 c

(new)


Marc Tarabella,

Catherine Stihler,

Virginie Rozière,

Lucy Anderson,


Josef Weidenholzer,

Anna Hedh, Liisa

Jaakonsaari

Falls if CA 1, CA 69 or AM 852 is adopted

Falls if AM 851 is not adopted

Article 14 CA

76

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+



Article 14 855 Axel Voss, Eva

Maydell

Deletion



Article 14 –

paragraph 1


Deletion

Falls if CA 76, AM 849 or AM 855 is

adopted


859 Andreas Schwab


adopted

57 \ 168


pos. Remarks

Res

ult

of

vote

861 Antanas Guoga


adopted



865 Julia Reda



Except: compatible with AM 859


40 LIBE






Nicola Danti, Marc

Tarabella, Lucy

Anderson, Josef

Weidenholzer, Liisa

Jaakonsaari, Anna

Hedh











Ford









858 Daniel Buda



58 \ 168


pos. Remarks

Res

ult

of

vote

860 Marco Zullo

Falls if CA 76, AM 855, AM 856, AM 857

or AM 858 is adopted

Article 14 –

paragraph 2

866 Julia Reda Falls if CA 76 or AM 855 is adopted

Identical

41 LIBE



Article 14 –

paragraph 2 a

(new)


Falls if CA 76, AM 856, AM 861 or AM

855 is adopted


Article 14 –

paragraph 2 a

(new)


Falls if AM 856, AM 855 or AM 869 is

adopted


Article 14 –

paragraph 2 a

(new)


Nicola Danti, Marc


Stihler, Josef

Weidenholzer,


Anna Hedh, Lucy

Anderson, Liisa

Jaakonsaari, Maria

Grapini

Falls if AM 856, AM 855, AM 869 or AM

868 is adopted

Article 14 b

(new) 872 Marco Zullo



Article 15 CA

78

Supported by EPP,

S&D, ECR, ALDE,

Greens, EFDD

+



Article 15 –

title

61 Rapporteurs


59 \ 168


pos. Remarks

Res

ult

of

vote


873 Marco Zullo



874 Eva Maydell


adopted

Article 15 –

paragraph 1 –

introductory

part

875 Eva Maydell




Charanzová





878 is adopted


876 Julia Reda


adopted

If adopted, go to LIBE 42

62 Rapporteurs




42 LIBE


or AM 62 is adopted


877 Marco Zullo


or LIBE 42 is adopted

879 Constance Le Grip Falls if CA 78, AM 880 or AM 62 is

60 \ 168


pos. Remarks

Res

ult

of

vote

adopted

Article 15 –

paragraph 1 –

point a

63 Rapporteurs



881 Eva Maydell


adopted


Falls if CA 78, AM 875, is adopted

Article 15 –

paragraph 1 –

point a a (new)

64 Rapporteurs


Article 15 –

paragraph 1 –

point a a (new)

43 LIBE


Article 15 –

paragraph 1 –

point b

883 Eva Maydell



65 Rapporteurs


adopted


884 Antanas Guoga


65 is adopted




884 is adopted


Ford


65 is adopted


44 LIBE


886 is adopted

61 \ 168


pos. Remarks

Res

ult

of

vote

Article 15 –

paragraph 1 –

point c


Identical

Deletion



Charanzová


66 Rapporteurs

Falls if CA 78, AM 875 or AMs

887/888/889 is adopted


890 Antanas Guoga

Falls if CA 78, AM 875, AMs 887/888/889

or AM 66 is adopted

Article 15 –

paragraph 1 –

point d


Identical

Deletion


892 Andreas Schwab


Falls if CA 78, AM 875 or AM 891/892 is

adopted

45 LIBE

Falls if CA 78, AM 875 or AM 891/892 is

adopted


894 Julia Reda

Falls if CA 78, AM 875, AM 891/892 or

LIBE 45 is adopted


Article 15 –

paragraph 1 a

(new)


Falls if CA 78, AM 875, AM 66, AM 890,

AM 891/892, AM 893, LIBE 45 or AM

894 is adopted

Article 15 –

paragraph 2 –

introductory

part

896 Eva Maydell



62 \ 168


pos. Remarks

Res

ult

of

vote

Article 15 –

paragraph 2 –

point a

897 Eva Maydell

Do not vote

Deletion


adopted/rejected

67 Rapporteurs



898 Marco Zullo


adopted

Article 15 –

paragraph 2 –

point b

899 Antanas Guoga Do not vote

Identical

Deletion


adopted/rejected



Hohenstein


Ford

Falls if CA 78 or AMs 899/900 is adopted



Charanzová

Falls if CA 78 or any of the above is

adopted


68 Rapporteurs


adopted

903 Julia Reda Falls if CA 78 or AMs 899/900 is adopted

902 Marco Zullo

Falls if CA 78, AMs 899/900, AM 905 or

AM 901 is adopted



Falls if CA 78, AMs 899/900, AM 896

AM 901, AM 905 or 902 is adopted

63 \ 168


pos. Remarks

Res

ult

of

vote

Article 15 –

paragraph 2 a

(new)


Marc Tarabella,

Catherine Stihler,

Liisa Jaakonsaari,

Anna Hedh, Christel

Schaldemose, Lucy

Anderson, Josef

Weidenholzer


Article 16 CA

80

Supported by

Supported by EPP,

S&D, GUE, ALDE,

Greens, EFDD

+

Vote en block with CA 81


Article 16

907 Axel Voss, Eva

Maydell


Identical

Deletion


908 Andreas Schwab

Article 16 –

paragraph 1

909 Andreas Schwab


Deletion




adopted




adopted



Nicola Danti, Marc


Stihler, Josef

Weidenholzer, Anna




adopted


64 \ 168


pos. Remarks

Res

ult

of

vote

Maria Grapini

917 Julia Reda


adopted


912 Liisa Jaakonsaari


adopted


913 Philippe Juvin


adopted



Ford

Falls if CA 80, AM 907/908, AM 909, AM

910 or AM 911 is adopted



910 or AM 911 is adopted

915 Marco Zullo


910, AM 911, AM 912, AM 913 or AM

918 is adopted

Article 16 –

paragraph 2

919 Andreas Schwab

Deletion




Charanzová

Falls if CA 80, AMs 907/908 or AM 919 is

adopted




AM 920 is adopted



Falls if CA 80, AMs 907/908, AM 919,

AM 920 or AM 921 is adopted

65 \ 168


pos. Remarks

Res

ult

of

vote



Falls if CA 80, AMs 907/908, AM 919,

AM 920, AM 921 or AM 922 is adopted


925 Antanas Guoga

Falls if CA 80, AMs 907/908, AM 919,

AM 920, AM 921, AM 922 or AM 924 is

adopted


Nicola Danti, Marc

Tarabella


adopted

Article 16 –

paragraph 3

926 Andreas Schwab

Deletion





adopted


Nicola Danti, Marc

Tarabella, Maria

Grapini, Christel

Schaldemose, Lucy

Anderson, Anna

Hedh, Josef

Weidenholzer, Liisa

Jaakonsaari, Evelyn

Regner


adopted


929 Marco Zullo


AM 928 is adopted




Article 16 – 931 Antanas Guoga Identical

66 \ 168


pos. Remarks

Res

ult

of

vote

paragraph 4

932 Andreas Schwab

Deletion



Article 16 –

paragraph 4 –

introductory

part


Nicola Danti, Marc

Tarabella, Josef

Weidenholzer,


Anna Hedh, Lucy

Anderson, Liisa

Jaakonsaari, Evelyn

Regner

Falls if CA 80, AMs 907/908 or AMs

931/932 is adopted

Article 16 –

paragraph 4 –

point a

934 Antanas Guoga

Deletion


931/932 is adopted


46 LIBE

Falls if CA 80, AMs 907/908, AMs

931/932 or AM 934 is adopted


935 Julia Reda


931/932 or any of the above is adopted



Charanzová





Ford




937 Angel Dzhambazki Falls if CA 80, AMs 907/908 or AMs

67 \ 168


pos. Remarks

Res

ult

of

vote



Nicola Danti, Marc

Tarabella, Josef

Weidenholzer, Lucy

Anderson, Christel

Schaldemose, Anna

Hedh, Liisa

Jaakonsaari, Evelyn

Regner




938 Marco Zullo



Except: compatible with AM 937 and AM

940




Except: compatible with AM 937, AM

940 and AM 938

Article 16 –

paragraph 4 –

point b

942 Antanas Guoga

Deletion

Falls if CA 80 or AMs 907/908 or AMs

931/932 is adopted



Charanzová





Nicola Danti, Marc

Tarabella, Josef

Weidenholzer, Anna

Hedh, Christel

Schaldemose, Lucy

Anderson, Liisa

Jaakonsaari, Evelyn

Regner




47 LIBE Falls if CA 80, AMs 907/908, AMs

68 \ 168


pos. Remarks

Res

ult

of

vote



944 Julia Reda





Ford




946 Angel Dzhambazki Identical





949 Marco Zullo






Except: compatible with AM 948 and AM

949





Article 16 –

paragraph 4 –

point c

952 Antanas Guoga

Deletion


931/932 is adopted


953 Julia Reda



954 Marco Zullo



69 \ 168


pos. Remarks

Res

ult

of

vote

Article 16 –

paragraph 4 a

(new)

955 Julia Reda

Falls if CA 80, AMs 907/908, AM

931/932, AM 934 is adopted

Article 16 –

paragraph 4 a

(new)

956 Antanas Guoga


Article 16 –

paragraph 4 b

(new)

957 Julia Reda


931/932, AM 942 is adopted

Article 16 –

paragraph 5

958 Andreas Schwab

Deletion




Charanzová


931/932, AM 942 or AM 958 is adopted

960 Marco Zullo




Marc Tarabella, Josef

Weidenholzer, Anna



Liisa Jaakonsaari,

Evelyn Regner



962 Antanas Guoga


AM 959 is adopted

Article 17 CA

82

Supported by

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+

Vote en block with CA 83

If adopted, go to CA 83bis

Article 17 –

paragraph 1

963 Dennis de Jong



Marlene Mizzi, Nicola


70 \ 168


pos. Remarks

Res

ult

of

vote

Danti, Catherine

Stihler, Josef

Weidenholzer, Anna

Hedh, Christel

Schaldemose, Lucy

Anderson, Liisa

Jaakonsaari, Evelyn

Regner

965 Axel Voss, Eva

Maydell



966 Marco Zullo


adopted

967 Julia Reda


If adopted, go to CA 83bis

Article 17 –

paragraph 1 a

(new)


Grapini, Marc

Tarabella, Evelyne

Gebhardt, Marju

Lauristin, Afzal Khan,

Maria Arena, Mary

Honeyball, Victor

Negrescu


adopted

Note: if adopted, this amendment would

amend Article 17 - paragraph 1

Article 18 CA

83bi

s

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+

Block vote with CA 83ter

If adopted, go to AM 975/LIBE 50

Article 18 –

paragraph 1


Marlene Mizzi, Marc


Stihler, Virginie

Rozière, Lucy

Anderson, Christel

Schaldemose, Anna

Hedh, Josef

Weidenholzer, Liisa

Jaakonsaari, Olga

Sehnalová, Evelyn

Falls if CA 83bis is adopted

71 \ 168


pos. Remarks

Res

ult

of

vote

Regner

970 Julia Reda Falls if CA 83bis is adopted Identical

48 LIBE

Article 18 –

paragraph 2 –

introductory

part


Nicola Danti, Marc

Tarabella, Josef

Weidenholzer,

Virginie Rozière,


Lucy Anderson, Anna

Hedh, Liisa

Jaakonsaari, Evelyn

Regner


Article 18 –

paragraph 2 –

point a


Nicola Danti, Marc

Tarabella, Josef

Weidenholzer,



Jaakonsaari, Anna

Hedh, Evelyn Regner


Article 18 –

paragraph 2 –

point b


Nicola Danti, Marc


Stihler, Josef

Weidenholzer, Anna

Hedh, Christel

Schaldemose, Lucy

Anderson, Liisa

Jaakonsaari, Evelyn

Regner


Article 18 –

paragraph 2 –

point c a (new)

974 Julia Reda



Article 18 –

paragraph 2 –

point c a (new)

49 LIBE

Falls if CA 83bis or AM 974 is adopted

72 \ 168


pos. Remarks

Res

ult

of

vote

Article 18 a

(new) 975 Julia Reda


Identical


Article 19 a

(new)

50 LIBE

Article 20 CA

84

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


If adopted, go to AM 979 pc2

Article 20 –

title

976 Inese Vaidere


AM 981

Article 20 –

paragraph 1

Article 1 –

paragraph 2 –

point b –

indent 4


Axel Voss, Marc


Stihler, Anna Hedh,

Josef Weidenholzer,

Lucy Anderson,


Liisa Jaakonsaari,

Evelyn Regner

Falls if CA 84, CA 14, AM 441, AM 463


Article 20 –

paragraph 1 –

indent 1 (new)

Article 1 –

paragraph 2 –

point b –

indent 4 a

(new)


Josef Weidenholzer,


Lucy Anderson, Anna

Hedh, Liisa


Stihler, Marc

Tarabella, Axel Voss,

Evelyn Regner

Falls if CA 84, CA 14, AM 463, AM 469


Article 20 –

paragraph 3 a

(new)

981 Inese Vaidere

Falls if CA 84, CA 12, AM 21, AM 22,

AM 372, AM 373, AM 374, AM 375, AM

376, AM 377, AM 378, AM 379, AM 380,

AM 381, AM 382, AM 383, AM 384, AM

385, AM 386 or AM 387 is adopted

Article 20 –

paragraph 1 a

(new)

Annex -

paragraph 1 a

979

pc1

Julia Reda

AM 979 excluding points a, d and e

73 \ 168


pos. Remarks

Res

ult

of

vote

(new)

Article 20 –

paragraph 1 a

(new)

Annex –

paragraph 1 a

(new)

980

pc1

Evelyne Gebhardt,

Marc Tarabella,

Catherine Stihler,

Evelyn Regner, Lucy

Anderson, Christel

Schaldemose, Josef

Weidenholzer, Anna

Hedh, Liisa

Jaakonsaari

AM 980 excluding point c

Article 20 –

paragraph 1 a

(new)

Annex -

paragraph 1 a

(new)

979

pc2

Julia Reda

Put to vote as an addition to CA 84

If adopted, go to 980 pc2

Article 20 –

paragraph 1 a

(new)

Annex –

paragraph 1 a

(new)

980

pc2

Evelyne Gebhardt,

Marc Tarabella,

Catherine Stihler,

Evelyn Regner, Lucy

Anderson, Christel

Schaldemose, Josef

Weidenholzer, Anna

Hedh, Liisa

Jaakonsaari

Put to vote as an addition to CA84


Article 22 CA

86

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


Article 22 –

paragraph 1

985 Vicky Ford, Daniel

Dalton



51 LIBE

Falls if AM 985 or CA 86 is adopted


Nicola Danti, Marc

Tarabella, Anna Hedh,

Josef Weidenholzer,


adopted

74 \ 168


pos. Remarks

Res

ult

of

vote

Lucy Anderson,


Liisa Jaakonsaari,

Evelyn Regner,

Virginie Rozière, Olga

Sehnalová



adopted


Charanzová, Jean-

Marie Cavada


adopted

986 Antanas Guoga


adopted

987 Julia Reda


adopted

Citations

Citation 6 a

(new) 69 Notis Marias


Citation 6 b

(new) 70 Notis Marias


Recitals

Recital 1

CA

5

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


CA 4 (Article 1)



Falls if AM 365, 366, 367, 368, 369 or 370

is adopted

75 \ 168


pos. Remarks

Res

ult

of

vote

74 Marlene Mizzi Falls if CA 5 or AM 73 is adopted

2 Rapporteurs



Compatible with 74: put to vote as an

addition

78 Marco Zullo

75 Maria Grapini



vote as an addition


Ford

Falls if CA 5 or AM 73, 74 or 2 is adopted

Compatible with AMs 75: put to vote as an

addition

77 Daniel Buda

Falls if CA 5 or AM 73, 74 or 2 is adopted


vote as an addition

Recital 1 a




Jaakonsaari, Virginie

Rozière, Olga

Sehnalová, Maria

Grapini, Nicola Danti,

Josef Weidenholzer,

Anna Hedh, Marlene

Mizzi, Marc




Recital 1 b




Schaldemose, Maria

Grapini, Virginie

Rozière, Josef

Weidenholzer, Nicola

Danti, Anna Hedh,

Marlene Mizzi, Marc




76 \ 168


pos. Remarks

Res

ult

of

vote

Recital 2

CA

6

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


CA 4 (Article 1)


Deletion


Falls if AM 365, 366, 367, 368, 369 or 370

is adopted


Lucy Anderson,


Liisa Jaakonsaari,


Grapini, Nicola Danti,

Josef Weidenholzer,

Anna Hedh, Marc




83 Daniel Buda Falls if CA 6 or AM 81 or 82 is adopted


Ford, Anneleen Van

Bossuyt



addition



adopted


addition

85 Notis Marias


Fall if CA 6 or AM 81, 82, 83 or 86 is

adopted


addition

87 Antanas Guoga

88 Maria Grapini

Falls if CA 6 AM 81 or 82 is adopted

77 \ 168


pos. Remarks

Res

ult

of

vote

Compatible with all other AMs: put to vote

as an addition

1 LIBE



as an addition

3 Rapporteurs

Identical



89 Marco Zullo

90 Jirí Pospíšil



as an addition

Recital 2 a

(new)


Schwab


Recital 2 a

(new)

92 Victor Negrescu


(Note: if adopted, will be moved after recital

53)

Recital 3 CA

7

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD +


CA 4 (Article 1)

If adopted, recital 3 will become recital 4



Falls if AM 365, 366, 367, 368, 369 or 370

is adopted


Lucy Anderson,


Liisa Jaakonsaari,

Kerstin Westphal,

Josef Weidenholzer,

Anna Hedh, Marc




78 \ 168


pos. Remarks

Res

ult

of

vote

96 Daniel Buda Falls if CA 7 or AM 93 or 94 is adopted

4 Rapporteurs


Fall if CA 7 or AM 93, 94 or 96 is adopted

95 Eva Maydell

97 Marco Zullo


adopted


Ford



vote as an addition

99 Notis Marias



vote as an addition

100 Maria Grapini



vote as an addition

101 Jirí Pospíšil



vote as an addition

Recital 4

CA

8

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD +


CA 4 (Article 1)

If adopted, recital 4 will become recital 3

102 Eva Maydell

Deletion




104 Daniel Buda Falls if CA 8 or AMs 102/103 are adopted

105 Jirí Pospíšil

Falls if CA 8 or AMs 102/103 are adopted

Compatible with 104: put to vote as an

79 \ 168


pos. Remarks

Res

ult

of

vote

addition


Falls if CA 8 or AMs 102/103 are adopted


vote as an addition

5 Rapporteurs


adopted,

except AM 105: put to vote as an addition


Ford, Anneleen Van

Bossuyt

Falls if CA 8 or AMs 102/103 or 105 are

adopted


vote as an addition

106 Marco Zullo



Recital 5 CA

36

Supported by EPP,

S&D, ECR, ALDE,

Greens, EFDD

+


CA 35 (Article 4)


Deletion





Schaldemose, Olga

Sehnalová, Maria

Grapini, Josef

Weidenholzer, Anna


Catherine Stihler,

Evelyn Regner


111 Julia Reda


adopted

112 Marlene Mizzi


adopted

80 \ 168


pos. Remarks

Res

ult

of

vote


Ford, Anneleen Van

Bossuyt


Compatible with the other AMs above: put

to vote as an addition

114 Daniel Buda




115 Victor Negrescu




118 Eva Maydell




6 Rapporteurs

Identical




117 Marco Zullo

Recital 6 +

recital 7

CA

37

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


CA 35 (Article 4)

Recital 6 119 Mylène Troszczynski

Deletion



Lucy Anderson,


Liisa Jaakonsaari,

Kerstin Westphal,

Olga Sehnalová,


Weidenholzer, Anna


Catherine Stihler,

Evelyn Regner


81 \ 168


pos. Remarks

Res

ult

of

vote

121 Julia Reda


adopted

122 Axel Voss, Eva

Maydell


adopted

If adopted, recitals 6 and 7 change place



adopted

123 Notis Marias


adopted

124 Daniel Buda


adopted,

except AM 123: compatible, put to vote as

addition

126 Marco Zullo



Recital 7


Deletion



Lucy Anderson,


Liisa Jaakonsaari,


Weidenholzer, Anna


Catherine Stihler,

Evelyn Regner


129 Julia Reda


adopted

130 Axel Voss, Eva

Maydell


adopted

Note: changes recitals 6 and 7 from place

82 \ 168


pos. Remarks

Res

ult

of

vote



adopted

131 Daniel Buda


adopted

133 Marco Zullo



134 Notis Marias


adopted,

except AM 131 and 133: compatible, put

to vote as addition

2 LIBE


adopted,

except AM 131, 133 and 134: compatible,

put to vote as addition

Recital 7a

(new)

CA

19

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+ If adopted, go to CA 11

7 Rapporteurs


Recital 8

CA

9

Supported by EPP,

S&D, ECR, GUE,

Greens, EFDD

+


CA 35 (Article 4)



Lucy Anderson,


Liisa Jaakonsaari,


Weidenholzer, Anna


Catherine Stihler,

Evelyn Regner


137 Jean-Marie Cavada Falls if CA 9 or AM 135 or 136 is adopted

83 \ 168


pos. Remarks

Res

ult

of

vote



adopted

139 Axel Voss, Eva

Maydell


adopted

140 Antanas Guoga


Compatible with any of the above AMs.

Put to vote as addition

141 Notis Marias


Compatible with any of the above AMs.

Put to vote as addition


Identical



143 Marco Zullo

Recital 9

CA

10

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


CA 35 (Article 4)


Lucy Anderson,


Liisa Jaakonsaari,

Josef Weidenholzer,

Anna Hedh, Marc



Deletion




146 Julia Reda

Falls if CA 10 or AMs 144/145 are

adopted

148 Axel Voss, Eva

Maydell

Falls if CA 10 or AMs 144/145 or AM 146

is adopted

147 Daniel Buda


adopted

149 Virginie Rozière Do not put to vote: adopted/rejected with

84 \ 168


pos. Remarks

Res

ult

of

vote


Recital 10 CA

68

Supported by EPP,

S&D, ECR, GUE,

Greens, EFDD

+


CA 67 (Article 3(9))

Recital 9 a

(new)


Grapini, Marc

Tarabella, Afzal

Khan, Maria Arena,

Mary Honeyball,

Victor Negrescu


Recital 10 151 Notis Marias Falls if CA 68 or CA 68 is adopted

152 Axel Voss, Eva

Maydell

Falls if CA 68 or CA 68 or AM 151 is

adopted

Recital 10 a

(new)

CA

11

Supported by EPP,

S&D, ECR, ALDE,

EFDD

+


8 Rapporteurs Falls if CA 11 or AM 152 is adopted.

153 Julia Reda

Falls if CA 11 or AM 152 or AM 8 is

adopted

Recital 11

CA

15

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+



9 Rapporteurs


Falls if CA is adopted


157 Eva Maydell, Axel

Voss, Pascal Arimont

Falls if CA or AMs 9/154 adopted

155 Julia Reda

Falls if CA or any of the above AMs is

adopted

156 Daniel Buda


adopted

158 Marco Zullo


adopted

85 \ 168


pos. Remarks

Res

ult

of

vote


Ford


adopted


Charanzová


adopted

161 Antanas Guoga



adopted


3 LIBE

163 Notis Marias


adopted

Recital 12

CA

16

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+



10 Rapporteurs Falls if CA is adopted

164 Antanas Guoga Falls if CA or AM 10 is adopted

165 Eva Maydell, Pascal

Arimont


adopted



adopted

167 Marco Zullo


adopted


Lucy Anderson,


Liisa Jaakonsaari,

Marlene Mizzi, Olga

Sehnalová, Josef

Weidenholzer, Anna


Catherine Stihler,

Evelyn Regner


adopted


und Hohenstein,

Tadeusz Zwiefka


adopted

86 \ 168


pos. Remarks

Res

ult

of

vote

170 Julia Reda


adopted


Ford


adopted

Recital 47 CA

83

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


CA 82 (Article 17)

Recital 12 a

(new)


Grapini, Marc

Tarabella, Evelyne

Gebhardt, Marlene

Mizzi, Marju

Lauristin, Afzal Khan,

Maria Arena, Mary

Honeyball, Victor

Negrescu


Recital 12 b

(new) 173 Lucy Anderson, Maria

Grapini, Marc

Tarabella, Afzal

Khan, Maria Arena,

Mary Honeyball,

Victor Negrescu


Recital 13

CA

25

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens

+


CA 24 (Article 3, paras 1 and 4)


Ford



Marie Cavada, Dita

Charanzová


11 Rapporteurs


adopted



Hohenstein


adopted

87 \ 168


pos. Remarks

Res

ult

of

vote

177 Antanas Guoga


adopted

178 Marco Zullo


adopted

179 Daniel Buda


adopted

Recital 13 a

(new)



adopted

Recital 13 a

(new)


Virginie Rozière,

Lucy Anderson,


Liisa Jaakonsaari,


Grapini, Kerstin

Westphal, Josef

Weidenholzer, Anna


Catherine Stihler,

Evelyn Regner


Recital 13 a

(new)

182 Axel Voss, Eva

Maydell


Recital 13 b

(new)



adopted

Recital 13 b

(new)

184

cp 1

Evelyne Gebhardt,



Schaldemose, Virginie

Rozière, Kerstin

Westphal, Maria

Grapini, Josef

Weidenholzer, Anna


Evelyn Regner


184

cp 2

Evelyne Gebhardt,




AM 980 pc 2

88 \ 168


pos. Remarks

Res

ult

of

vote

Schaldemose, Virginie

Rozière, Kerstin

Westphal, Maria

Grapini, Josef

Weidenholzer, Anna


Evelyn Regner

Recital 14

CA

26

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens

+


CA 24 (Article 3(1) and (4))




Jaakonsaari, Maria

Grapini, Anna Hedh,

Josef Weidenholzer,

Marc Tarabella,

Evelyn Regner

Deletion.


186 Vicky Ford WD WITHDRAWN WD

4 LIBE Falls if CA 26 or AM 185 is adopted


Ford, Anneleen Van

Bossuyt


adopted

188 Julia Reda


adopted

189 Axel Voss, Eva

Maydell


adopted


Charanzová


adopted



adopted

193 Marco Zullo


adopted

194 Birgit Collin-Langen Falls if CA 26 or any of the above AMs is

89 \ 168


pos. Remarks

Res

ult

of

vote

adopted

191 Antanas Guoga


adopted

195 Notis Marias


adopted



Compatible with the other AMs. Put to

vote as an addition

Recital 14 a

(new)

197 Axel Voss, Eva

Maydell


Recital 15

CA

70

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


CA 69 (Article 13, 13a, 13b, 13c)


Charanzová



200 Notis Marias

Falls if CA70 or CA 3 or AM 198 or AM

199 is adopted

201 Antanas Guoga



put to vote as addition

Recital 15 a

(new) 202 Victor Negrescu


Recital 15 b



Recital 15 c



Recital 16

CA

29

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


CA 28

90 \ 168


pos. Remarks

Res

ult

of

vote

205 Marco Zullo Falls if CA 29 is adopted


207 Daniel Buda


adopted

12 Rapporteurs



vote as addition

Recital 17

CA

2

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+

Do not put to vote: CA adopted/rejected

with CA 1

5 LIBE

Deletion


208 Jean-Marie Cavada Falls if CA 2 or AM LIBE 5 is adopted

209 Notis Marias

Falls if CA 2 or AM LIBE 5 is adopted

Compatible with AM 208: put to vote as

addition

13 Rapporteurs

Identical.



210 Marco Zullo

Recital 18

CA

23

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD +


Note: the words “the definition of a

contract under” will be deleted if AM 420

is adopted

211 Axel Voss, Eva

Maydell


212 Julia Reda


Fall if CA 23 or CA 3 is adopted

6 LIBE

91 \ 168


pos. Remarks

Res

ult

of

vote


addition

Recital 18 a

(new)

213 Eva Maydell


Recital 19 CA

27

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


CA 24 (Article 3(1) and (4))

214 Antanas Guoga Falls if CA 27 is adopted

215 Axel Voss, Eva

Maydell



Recital 20 CA

32

Supported by EPP,

S&D, ECR, ALDE, +



216 Axel Voss, Eva

Maydell



Recital 21

CA

34

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


217 Notis Marias Falls if CA 34 is adopted

218 Julia Reda, Kaja

Kallas


219 Axel Voss, Eva

Maydell





Compatible with AMs 218 and 219

Recital 22 +

recital 22a

(new)

CA

3

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


CA 1

Recital 22 221 Eva Maydell

Deletion


7 LIBE Identical. Put to vote together

92 \ 168


pos. Remarks

Res

ult

of

vote

222 Julia Reda


14 Rapporteurs



adopted



Ford

223 Marco Zullo



vote as addition

Recital 23

CA

40

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


with the CA 38 (Article 5)

226 Jean-Marie Cavada Falls if CA 40 is adopted


15 Rapporteurs


adopted

228 Daniel Buda


adopted

229 Eva Maydell


adopted


Charanzová



adopted

231 Antanas Guoga


Recital 24 +

recital 25 +

recital 25a

(new)

CA

44

Supported by EPP,

S&D, ECR, ALDE,

Greens, EFDD +


with the block vote on CAs 41/42 (Articles

6 and 6a (new))

Recital 24 16 Rapporteurs Deletion

93 \ 168


pos. Remarks

Res

ult

of

vote




234 Julia Reda

235 Marco Zullo



Recital 25 236 Virginie Rozière Falls if CA 44 is adopted


239 Marco Zullo


adopted

17 Rapporteurs


adopted




Jaakonsaari, Anna

Hedh, Josef

Weidenholzer, Marc




adopted

8 LIBE


adopted


Charanzová



vote as addition

Recital 26

CA

45

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+



6 and 6a (new))

18 Rapporteurs Falls if CA 45 is adopted

241 Julia Reda



addition

94 \ 168


pos. Remarks

Res

ult

of

vote



adopted.

243 Daniel Buda

Identical



244 Marco Zullo

Recital 27 +

recital 28a

(new)

CA

46 +

CA

48

Supported by EPP,

S&D, ECR, ALDE,

EFDD +



6 and 6a (new))

9 LIBE Falls if CA 46/48 is adopted

19 Rapporteurs


Falls if CA 46/48 is adopted

Compatible with AM LIBE 9: put to vote

as addition


Ford


Falls if CA 46/48 is adopted


vote as addition

Recital 28 CA

47

Supported by EPP,

S&D, ECR, ALDE,

Greens, GUE

+



6 and 6a (new))


Kaja Kallas


Recital 29

CA

49

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+



6 and 6a (new))


Charanzová


249 Marco Zullo


adopted

250 Axel Voss, Eva Falls if CA 49 is adopted

95 \ 168


pos. Remarks

Res

ult

of

vote

Maydell


vote as addition

252 Notis Marias



vote as addition

251 Daniel Buda



Recital 30 CA

51

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


with CA 50 (Article 7)

253 Antanas Guoga


Recital 31 CA

53

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


with CA 52 (Article 8)

254 Jean-Marie Cavada Falls if CA 53 is adopted

255 Axel Voss, Eva

Maydell


Recital 31 a




Schaldemose, Maria

Grapini, Josef

Weidenholzer, Anna


Catherine Stihler,

Evelyn Regner


Recital 32

CA

59

Supported by EPP,

S&D, ECR, ALDE, +


CA 58 (Article 9)

CA

59a

Supported by Greens

and GUE

Alternative compromise: same as CA 59

without the sentence: “This time limit

should be reduced to one year in the case

of digital content or a digital service

96 \ 168


pos. Remarks

Res

ult

of

vote

embedded in goods”


CA 58a (Article 9)

257 Axel Voss, Eva

Maydell


258 Angelika Niebler Falls if CA 59 or AM 257 is adopted


Charanzová


adopted



adopted

Compatible with AM 259: vote as addition




Jaakonsaari, Josef

Weidenholzer, Anna


Catherine Stihler,

Evelyn Regner,

Virginie Rozière,

Marlene Mizzi,

Biljana Borzan


adopted

262 Marco Zullo



Recital 33

CA

60

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens

+


CA 58 (Article 9)

263 Andreas Schwab Falls if CA 60 is adopted

264 Julia Reda



265 Axel Voss, Eva

Maydell


97 \ 168


pos. Remarks

Res

ult

of

vote



Liisa Jaakonsaari,


Weidenholzer, Anna


Catherine Stihler,

Evelyn Regner



267 Antanas Guoga



vote as addition

268 Marco Zullo



Recital 34

CA

56

Supported by EPP,

S&D, ECR, ALDE,

Greens, EFDD

+


CA 55 (Article 10)


Kaja Kallas


270 Angel Dzhambazki Falls if CA 56 or AM 269 is adopted

271 Axel Voss, Eva

Maydell



Compatible with the above AMs: vote as

addition


Virginie Rozière,

Marlene Mizzi, Olga

Sehnalová, Liisa


Schaldemose, Lucy

Anderson, Anna

Hedh, Josef

Weidenholzer, Marc


Stihler, Biljana

Borzan, Evelyn

Regner

273 Daniel Buda Identical

98 \ 168


pos. Remarks

Res

ult

of

vote

274 Marco Zullo



Recital 34 a

(new)

275 Axel Voss, Eva

Maydell


276 Dietmar Köster


Recital 34 b

(new)

277 Dietmar Köster

Falls if CA 59 or Am 257, 258 or 259 is

adopted

Recital 35

CA

62

Supported by EPP,

S&D, ECR, ALDE,

GUE, EFDD

+


CA 61 (Article 11)


279 Axel Voss, Eva

Maydell



Marlene Mizzi, Lucy

Anderson, Christel

Schaldemose, Liisa

Jaakonsaari, Olga

Sehnalová, Marc


Stihler, Biljana

Borzan, Evelyn

Regner


adopted

281 Daniel Buda

Identical



282 Marco Zullo

Recital 36 CA

65

Supported by EPP,

S&D, ECR, ALDE,

GUE, EFDD

+


CA 63 (Article 12)

283 Evelyne Gebhardt, Deletion

99 \ 168


pos. Remarks

Res

ult

of

vote

Lucy Anderson,


Liisa Jaakonsaari,

Anna Hedh, Josef

Weidenholzer, Marc






285 Julia Reda Falls if CA 65 or AMs 283/284 adopted

286 Axel Voss, Eva

Maydell

Identical



287 Daniel Buda

288 Marco Zullo

Recital 36 a

(new)

289 Axel Voss, Eva

Maydell


Recital 36 a

(new)


Virginie Rozière,

Anna Hedh, Lucy

Anderson, Christel

Schaldemose, Maria

Grapini, Olga

Sehnalová, Marc


Stihler, Biljana

Borzan, Evelyn

Regner



Recital 37

CA

66

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


CA 63 (Article 12)


Deletion



Virginie Rozière,

Lucy Anderson,


100 \ 168


pos. Remarks

Res

ult

of

vote


Liisa Jaakonsaari,

Josef Weidenholzer,

Anna Hedh, Marc



10

pc 1

LIBE


Fall if CA 66 or AM 291 or AM 294 is

adopted

299

pc 1

Julia Reda

10

pc 2

LIBE


Fall if CA 66 or CA 3 or AM 291 or AM

294 is adopted

Pc 2 concerns part on GDPR

299

pc 2

Julia Reda



adopted

293 Axel Voss, Eva

Maydell


adopted



adopted



adopted


Charanzová


adopted

Compatible with AMs 294, 295 and 296:

vote as addition

298 Marco Zullo




Falls if CA 66 or AM 291, 293, 294, 295

or LIBE 10/AM 299 is adopted

Compatible with AMs 292, 296, 297, 298:

101 \ 168


pos. Remarks

Res

ult

of

vote

vote as addition

Recital 37 a

(new)

301 Axel Voss, Eva

Maydell






302 Vicky Ford, Daniel

Dalton


Compatible with AMs 301 and 303: vote

as addition


Recital 38

CA

71

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


CA 63 (Articles 13, 13a, 13b and 13c)



Ford




Charanzová



addition


Virginie Rozière,



Schaldemose, Anna


Catherine Stihler,

Evelyn Regner



addition



Compatible with the other AMs: vote as

addition

102 \ 168


pos. Remarks

Res

ult

of

vote

11 LIBE



addition

Recital 39

CA

72

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+



310 Axel Voss, Eva

Maydell


Deletion


309 Antanas Guoga

313 Jean-Marie Cavada Falls if CA 72 or AMs 309/310 adopted


Ford


AMs is adopted


Charanzová


adopted

12 LIBE



adopted


addition




adopted


addition

316 Marco Zullo

Falls if CA 72 or AMs 309/310 or AM 312

adopted


addition

314 Daniel Buda



103 \ 168


pos. Remarks

Res

ult

of

vote

Recital 40

CA

73

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+



318 Axel Voss, Eva

Maydell Deletion



Charanzová





Recital 41 CA

74

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+



321 Angelika Niebler Falls if CA 74 is adopted

322 Daniel Buda

Identical



323 Axel Voss, Eva

Maydell

324 Marco Zullo

Recital 42

CA

75

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+



328 Axel Voss, Eva

Maydell



Lucy Anderson, Anna

Hedh, Christel

Schaldemose, Josef

Weidenholzer, Liisa


Stihler, Marc

Tarabella, Evelyn

Regner


104 \ 168


pos. Remarks

Res

ult

of

vote

325 Daniel Buda

Identical



327 Marco Zullo

Recital 43

CA

57

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


the CA 55 (Article 10)

335 Axel Voss, Eva

Maydell


332 Inese Vaidere

Falls if CA 56, CA 57 or AM 335 is

adopted


Charanzová, Jean-

Marie Cavada

Falls if CA 56, CA 57, AM 335 or AM 332

is adopted


Falls if CA 56, CA 57 or any of the above

AMs is adopted



Weidenholzer, Anna

Hedh, Christel

Schaldemose, Liisa

Jaakonsaari, Marc


Stihler, Biljana

Borzan, Evelyn

Regner

Falls if CA 56, CA 57 or any of the above

AMs is adopted

331 Notis Marias

Falls if CA 56, CA 57 or AM 330 or 332 is

adopted


addition

333 Marco Zullo



Recital 44 CA

77

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


CA 76 (Article 14)

105 \ 168


pos. Remarks

Res

ult

of

vote

336 Axel Voss, Eva

Maydell Deletion



13 LIBE


adopted

342 Antanas Guoga


adopted


Lucy Anderson, Anna

Hedh, Josef

Weidenholzer, Liisa

Jaakonsaari, Marc

Tarabella, Evelyn

Regner


adopted

337 Julia Reda


adopted,

except AM 339: compatible, vote as

addition

338 Daniel Buda

Identical



341 Marco Zullo

Recital 45 +

recital 45a

(new)

CA

79

Supported by EPP,

S&D, ECR, ALDE,

Greens, EFDD

+


CA 78 (Article 15)


Charanzová





adopted

345 Axel Voss, Eva

Maydell



106 \ 168


pos. Remarks

Res

ult

of

vote


Virginie Rozière,

Lucy Anderson, Anna

Hedh, Christel

Schaldemose, Liisa

Jaakonsaari, Josef

Weidenholzer, Marc

Tarabella, Evelyn

Regner

346 Marco Zullo

Recital 46

CA

81

Supported by EPP,

S&D, ALDE, EFDD +


CA 80 (Article 16)

349 Axel Voss, Eva

Maydell Deletion



353 Julia Reda


adopted

351 Notis Marias



352 Marco Zullo



Recital 47

CA

83

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


CA 82 (Article 17)


Charanzová



355 Axel Voss, Eva

Maydell



Recital 47 a

(new) 357 Julia Reda, Kaja

Kallas


107 \ 168


pos. Remarks

Res

ult

of

vote

Recital 48 CA 83ter

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


CA 83bis (Article 18)

358 Notis Marias Falls if CA 18ter is adopted

Recital 50

CA

85

Supported by EPP,

S&D, ECR, ALDE,

GUE, Greens, EFDD

+


CA 84 (Article 20)


Virginie Rozière,


Jaakonsaari, Anna

Hedh, Josef

Weidenholzer,


Marc Tarabella,

Catherine Stihler,

Evelyn Regner


360 Virginie Rozière Falls if CA 85 or AM 359 is adopted

361 Axel Voss, Eva

Maydell



Recital 54 362 Notis Marias If adopted, go to 364

363 Axel Voss, Eva

Maydell



Recital 54 a


Kerstin Westphal,

Maria Grapini, Olga

Sehnalová, Josef

Weidenholzer,



Jaakonsaari, Marc



If adopted, go to LIBE 14

Recital 55 14 LIBE

108 \ 168

VOTE on the DRAFT REPORT as amended for against abstentions

109 \ 168

DIGITAL CONTENT PROPOSAL

COMPROMISE AMENDMENTS - FINAL

17 November 2017

1. Compromise amendments on data protection (Article -1 (new) and

Article 3(8) and recitals 17, 22 and 22a (new))

CA 1 on Article -1 (new) and Article 3(8)

Supported by EPP, S&D, ECR, ALDE, GUE, Greens, EFDD

Compromise amendment replacing all relevant amendments, including: 181 (Gebhardt et al.),

182 (Voss/Maydell), 183 (Cavada), 184 cp 1 (Gebhardt et al.), 197 (Voss/Maydell), 200

(Marias), LIBE 6, 212 (Reda), 213 (Maydell), LIBE 10 pc 2, 299 pc 2 (Reda), 301

(Voss/Maydell), 302 (Ford/Dalton), 303 (Collin-Langen), 312 (Dalton/Ford), LIBE 21, AMs

41 (Rapporteurs), 416 (Mizzi), 415 (Voss/Maydell), 417 (Reda), 418 (Guoga), 442 (Reda),

479 (Dalton/ford), 502 (Grapini), 503 (Reda), 504 (Dalton, Ford), 505 (Maydell, Schwab),

506 (Guoga), 43 (Rapporteurs), 515 (Zullo), LIBE 24, 548 (Reda), 593 (Reda), 759 (Kallas,

Charanzová), 790 (Reda), 791 (Dalton/Ford), 792 (Guoga), 798 (Mizzi), 807 (Dalton/Ford),

852 (Voss/Maydell), 853 (Gebhardt et al.), 901 (Dalton/Ford), 935 (Reda), 936

(Dalton/Ford), 962 (Guoga), 975 (Reda)

Article -1

Data protection

This Directive is without prejudice to the rules on protection of individuals with regard to

the processing of personal data as granted by or in compliance with, in particular,

Regulation (EU) 2016/679.

Article 3, paragraph 8

8. This Directive is without prejudice to the protection of individuals with regard to the

processing of personal data.

CA 2 on recital 17


Compromise amendment replacing all relevant amendments, including AMs 13 (co-

Rapporteurs), 208 (Cavada), 209 (Marias), 210 (Zullo), 5 LIBE

(17) Digital content is highly relevant in the context of the Internet of Things. This

Directive should apply to Internet of Things devices. However it is opportune to

110 \ 168

address specific issues of liability related to the Internet of Things, including the

liability for data and machine-to-machine contracts, in a separate way.

CA 3 on recitals 22 and 22a (new)


Compromise amendment replacing all relevant amendments, including AMs 14 (co-

Rapporteurs), 197 (Voss/Maydell), 221 (Maydell), 222 (Reda), 223 (Zullo), 224 (Rozière),

225 (Dalton/Ford), LIBE 7

(22) The protection of individuals with regard to The pursuit of activities falling within

the scope of this Directive involves the processing of personal data is. This Directive

is without prejudice to the rules of Union law applicable to the processing of

personal data within the Union, in particular Regulation (EU) 2016/679 governed

by Directive 95/46/EC of the European Parliament and of the Council1is and by

Directive 2002/58/EC of the European Parliament and of the Council2 which govern

the processing of personal data carried out in the Member States under the

supervision of the Member States' competent authorities, in particular the public

independent authorities designated by the Member States are fully applicable in the

context of contracts for the supply of digital content. Those Directives legal acts

already establish a legal framework in the field of personal data in the Union and are

fully applicable in the context of contracts for the supply of digital content or digital

services. The implementation and application of this Directive should be made in full

compliance with that legal framework.

(22a) The scope of this Directive includes 'Internet of Things’ applications, which are

often designed to be contextually aware of the needs and desires of the user,

collecting information about their daily practices and routines, whilst remaining

invisible in use and unremarkable to users. Although consumers may at least have

had a chance to read the privacy policy of their IoT device before signing the

contract, these privacy policies are not always understandable. Moreover, IoT

devices are routinely designed with poor encryption strength or none at all and a

lack of other security features and rely heavily on wireless communications

protocols which lack mandatory technical and security standards. Consumers

generally have no idea about IoT security and as a result default passwords are

often installed in household appliances, never changed and routinely compromised.

This Directive in conjunction with the core principles of the Regulation (EU)

2016/679 mandates civil liability when IoT devices fail to include privacy in the

architecture of the product, as contract terms which violate any right which has

been afforded to the consumer as a data subject under Regulation (EU) 2016/679 of

the European Parliament and of the Council should not be binding.

1 OJ L 281, 23/11/1995, p. 31 - 50) [to be replaced by the General Data Protection Regulation, once adopted]. 2 OJ L 201, 31.7.2002, p. 37–47.

111 \ 168

2. Compromise amendments on subject matter (Article 1 and related

recitals)

CA 4 on Article 1


Compromise Amendment replacing all relevant amendments, including AMs 20 (draft

report), 365 (Maydell/Schwab), 366 (Mizzi), 367 (Guoga), 368 (Buda), 369 (Gebhardt et al.),

370 (Rozière), 371 (Zullo)

Article 1

Subject matter

This The purpose of this Directive is, through the achievement of a high level of consumer

protection, to contribute to the proper functioning of the internal market by laying lays

down certain requirements concerning contracts for the supply of digital content or digital

services to between traders and consumers, in particular rules on conformity of digital

content or digital services with the contract, remedies in case of failure to supply digital

content or digital services or the lack of such conformity and the modalities for the exercise

of those remedies as well as on modification of the digital content or digital service and

termination of such long-term contracts.

CA 5 on recital 1


Compromise amendment replacing all relevant amendments, including amendments 2

(Rapporteurs), 73 (Troszczynski), 74 (Mizzi), 75 (Grappini), 76 (Dalton/Ford), 77 (Buda), 78

(Zullo)

(1) The growth potential of e-commerce in the Union has not yet been fully exploited

realised. The Digital Single Market Strategy for Europe² tackles in a holistic manner the

major obstacles to the development of cross-border e-commerce in the Union in order to

unleash this potential. Ensuring better access for consumers to digital content and facilitating

businesses to supply digital content is necessary to boost the Union’s digital economy and

stimulate overall growth.

CA 6 on recital 2



(Rapporteurs), 81 (Troszczynski), 82 (Gebhardt et al.), 83 (Buda), 84 (Dalton), 85 (Marias),

86 (Cavada), 87 (Guoga), 88 (Grapini), 89 (Zullo), 90 (Pospisil), 91 (Maydell), 92

112 \ 168

(Negrescu), LIBE 1

(2) For the achievement of To achieve a genuine digital single market, the harmonisation

of certain aspects concerning contracts for supply of digital content or digital services should

be harmonised, taking as a base a high level of consumer protection, is necessary. to increase

legal certainty and to reduce transaction costs.

CA 7 on recital 3



(Rapporteurs), 93 (Troszczynski), 94 (Gebhardt et al.), 95 (Maydell), 96 (Buda), 97 (Zullo),

98 (Dalton), 99 (Marias), 100 (Grapini), 101 (Pospisil)

(3)(4) Differences in national mandatory consumer contract law rules and a lack of clear

contract law rules are among the key obstacles which hinder the development of the supply of

digital content, as very few tailor-made rules exist at Union level. Businesses face additional

costs stemming from differences in national mandatory consumer contract law rules and legal

uncertainty when selling digital content across borders. Businesses, especially small and

medium-sized enterprises ('SMEs'), also face costs when adapting their contracts to specific

mandatory rules for the supply of digital content or digital services which are already

emerging in several Member States, creating differences in scope and content between

specific national rules governing these contracts. In those Member States where there are not

yet specific rules for the supply of digital content or digital services, traders willing to sell

cross-border face uncertainty, as they will often not know which rules apply to digital content

or digital services in the Member State they want to export to, nor the content of those rules

and whether they are mandatory.

CA 8 on recital 4



(Rapporteurs), 102 (Maydell), 103 (Troszczynski), 104 (Buda), 105 (Pospíšil), 106 (Zullo),

107 (Rozière), 108 (Dalton)

(4)(3) Consumers are not always confident when buying cross border and especially online.

One of the major factors for this lack of confidence is uncertainty about their key contractual

rights and the lack of a clear contractual framework for digital content or digital services.

Many consumers of digital content experience problems related to the quality of, or access to,

digital content or digital services. For instance, they receive wrong or faulty digital content or

digital services, or they are not able to access the digital content or digital service in question.

As a result, consumers suffer financial and non-financial detriment.

CA 9 on recital 8


113 \ 168


(Reda), 136 (Gebhardt et al.), 137 (Cavada), 138 (Le Grip), 139 (Voss), 140 (Guoga), 141

(Marias), 142 (Rozière), 143 (Zullo)

(8) This Directive should fully harmonise a set of certain key rules that are so far not

regulated at Union or national level. It should include therefore rules on conformity of the

digital content or digital services, remedies available to consumers in cases of lack of

conformity of digital content or digital services with the contract and certain modalities for

the exercise of those remedies. This Directive should also harmonise certain aspects

concerning the right to terminate a long-term contract, as well as certain aspects concerning

the modification of the digital content or digital services.

CA 10 on recital 9



(Gebhardt et al.), 145 (Troszczynski), 146 (Reda), 147 (Buda), 148 (Voss), 149 (Rozière),

150 (Anderson et al.)

(9) By fully harmonising all the requirements related to the topics matters regulated by

this Directive, it precludes Member States, within its scope of application, from providing

any further formal or substantive requirements, such as a period during which the lack of

conformity has to become apparent, any rules on the reversal of the burden of proof

different from what is provided for in this Directive or an obligation for the consumer to

notify the supplier trader of a lack of conformity within a specific period or an obligation for

the consumer to pay for the use of the digital content until the moment of termination because

of a lack of conformity with the contract.

CA 11 on Recital 10a (new)

Supported by EPP, S&D, ECR, ALDE, EFDD


(Rapporteurs), 153 (Reda)

(10a) This Directive should not affect provisions of national laws governing the

conditions under which a contract for the supply of digital content or digital services is

considered to be linked with or ancillary to another contract which the consumer has

concluded with the supplier or another trader, and the effect this has on either contract or

on the remedies to be exercised under either contract. Member States should also be free to

determine the nature of such contracts, which could be, inter alia, sales, services, rental or

sui generis contracts.

Note: to be combined with recital 20 on bundles, which would become recital 10b

114 \ 168

3. Compromise amendments on delineation of scope vis-à-vis the Goods

Proposal (definitions and scope provisions)

CA 12 on definitions of ‘digital content’ and ‘digital service’ (Article 2, points 1 and 1a

(new))


Compromise amendment replacing all relevant amendments, including: AMs 21, 22 and 25

draft report (Gebhardt/Voss); AMs 372-373, 378, 383, 391 (Rozière), 374, 402 (Le Grip),

375, 382, 387, 401 (Guoga), 376 (Juvin), 377 and 379, 384, 389 (Buda), 380, 385, 388

(Zullo), 381, 386, 390 (Reda), 400 (Dalton/Ford), 403 (De Jong)

Article 2, point 1 : ‘digital content’

1. 'digital content' means

(a) data which is produced and supplied in digital form, for example

video, audio, applications, digital games and any other software;

(b) a service allowing the creation, processing or storage of data in

digital form, where such data is provided by the consumer, and

(c) a service allowing sharing of and any other interaction with data in

digital form, provided by other users of the service;

Article 2, point 1 a (new) : ‘digital service’

1a. 'digital service' means

(a) a service allowing the creation, processing or storage of data in

digital form, where such data are uploaded or created by the

consumer, or

(b) a service allowing sharing of and any other interaction with data

in digital form uploaded or created by the consumer and/or by other

users of the service;

CA 13 on definition ‘embedded digital content’ (Article 2, point 1b (new))


Compromise amendment replacing all relevant amendments, including: AMs 24 and 30 draft

report (Gebhardt/Voss), AMs 392, 441 (Dalton/Ford), 393 (Thun/Zwiefka), 394 (Rozière),

397 (Maydell/Schwab), 398 (Schaake), 399 (Reda/Kallas)

1b. ‘embedded digital content or digital service’ means digital content or a

digital service pre-installed in a good;

CA 14 on Article 3, paragraph 3 (scope, embedded digital content)


115 \ 168

Compromise amendment replacing all relevant amendments, including: AM 33 draft report

(Gebhardt/Voss); AMs 461 (Rozière), 462 (Zullo), 463 (Thun, Zwiefka), 464 (Gebhardt et

al.), 465 (Guoga); AM 34 draft report (Gebhardt/Voss); AMs 466 (Maydell, Arimont,

Schwab), 467 (Schwab), 468 (Rozière), 469 (Zullo), 470 (Thun, Zwiefka)

3. With the exception of Articles 5 and 11, this Directive shall apply to any durable

medium incorporating digital content where the durable medium has been used

exclusively as carrier of digital content embedded digital content or embedded digital

services. Unless otherwise provided, references to digital content or digital services

in this Directive also cover embedded digital content or embedded digital services.

As regards goods with embedded digital content or embedded digital services, the

trader shall be liable under this Directive to the consumer for meeting his

obligations only in respect of the embedded digital content or digital service. The

rules of this Directive are without prejudice to the protection granted to consumers

by the applicable Union law with respect to other elements of such goods.

CA 15 on Recital 11 - inclusion of instant messaging services to the extent that they are

not covered by the EECC (OTTs)



(Gebhardt/Voss); AMs 154 (Rozière), 155 (Reda), 156 (Buda), 157 (Maydell, Voss,

Arimont), 158 (Zullo), 159 (Dalton, Ford), 160 (Kallas, Charanzová), 161 (Guoga), 162

(Schaake), LIBE 3, 163 (Marias)

(11) The This Directive should address problems across different categories of

digital content or digital services and its their supply. In order to cater for fast

technological developments and to maintain the future-proof nature of ensure

consistency with the acquis, the notion of digital content this notion as used in this

Directive should be broader than correspond with that used in Directive 2011/83/EU

of the European Parliament and of the Council30 and should cover, for example, text,

video, audio, applications, digital games and any other software. In order to cater

for fast technological developments and to make this Directive future-proof, in

particular it should also cover digital services which allow the creation, processing or

storage of data and services which allow the sharing of data in digital form,

including number-independent interpersonal communication services to the extent

that they are not regulated in the European Electronic Communications Code3.

While there are numerous ways for digital content or digital services to be supplied,

such as transmission on a durable CD, DVD and similar medium, downloading by

consumers on their devices, web-streaming, allowing access to storage capabilities of

digital services or access to the use of social media, this Directive should apply to all

digital content or digital services independently of the medium used for its their

transmission. Differentiating between different categories in this technologically fast

changing market is not desirable because it would hardly be possible to avoid

3 Directive xx/xx/EU of [date] the European Parliament and of the Council establishing the European

Electronic Communications Code [recast], OJ L xx, [date], p. x-x.

116 \ 168

discriminations between suppliers traders. A level playing field between suppliers

traders of different categories of digital content or digital services should be ensured.

However this directive should not apply to digital content which is embedded in

goods in such way that it operated as an integral part of the goods and its functions are

subordinate to the main functionalities of the goods.

CA 16 on Recital 12



(Gebhardt/Voss); AMs 164 (Guoga), 165 (Maydell, Arimont), 166 (Rozière), 167 (Zullo),

168 (Gebhardt et al.), 169 (Thun, Zwiefka), 170 (Reda), 171 (Dalton, Ford)

(12) In order to meet the expectations of consumers and ensure a clear-cut and

simple legal framework for suppliers traders of goods in which digital content offered

on a durable medium or a digital service is embedded, in relation to conformity

requirements and remedies available to consumers for non-conformity, this Directive

should apply to digital content or digital services pre-installed in goods, such as

DVDs and CDs incorporating digital content in such a way that the goods function

only as a carrier of the digital content or ‘smart goods’. As regards such goods, the

trader should be liable under this Directive to the consumer for meeting his

obligations only in respect of the embedded digital content or digital service.

Liability for the other elements of those goods should be governed by the applicable

law. , The This Directive should apply to digital content supplied on a durable

medium, embedded digital content or services independently whether it is sold the

goods in which they are pre-installed are supplied at a distance or in face-to-face

situations, so as to avoid fragmentation between the different distribution channels.

The Directive 2011/83/EU should continue to apply to those goods, including the

obligations related to the delivery of goods, remedies in case of the failure to deliver

and the nature of the contract under which those goods are supplied; hence, the rules

on supply of and failure to supply digital content or digital services of the present

Directive do not apply to embedded digital content and embedded digital services.

The This Directive is also without prejudice to the distribution right applicable to

these those goods under copyright law.

117 \ 168

4. Compromises on remaining definitions (Article 2 and related recitals)

CA 17 on Article 2, point 2, definition of ‘integration’


Compromise amendment replacing all relevant amendments, including: AM 23 (co-

rapporteurs), AM 395 (Zullo), AM 396 (Guoga)

2. 'integration' means linking together and incorporating digital content or a digital

service with the different components of a the consumer’s digital environment to act as a

coordinated whole in conformity with its intended purpose in order for the digital content or

digital service to be used in accordance with the contract;

CA 18 on definitions of ‘trader’ and ‘consumer’; recital on dual purpose contracts

(Article 2, points 3 and 4 and recital 7a (new))


Compromise amendment replacing all relevant amendments, including: AM 25

(Rapporteurs), 400 (Dalton/Ford), 401 (Guoga), 402 (Le Grip), 403 (De Jong), 26

(Rapporteurs), 404 (Guoga), 405 (Reda)

Article 2, point 3: ‘trader’

3. “supplier” 'trader' means any natural or legal person, irrespective of whether

privately or publicly owned, who is acting, including through any other person

acting in his name or on his behalf, for purposes relating to that person’s trade,

business, craft, or profession in relation to contracts covered by this

Directive;

Article 2, point 4: ‘consumer’

4. 'consumer' means any natural person who in contracts covered by this

Directive, is acting for purposes which are outside that person's trade,

business, craft, or profession;

CA 19 on dual purpose contracts (recital 7a (new))


Compromise amendment replacing all relevant amendments, including amendment 7

(Rapporteurs)

(7a) This Directive should also apply to dual purpose contracts, where the

contract is concluded for purposes partly within and partly outside the person's

trade and the trade purpose is marginal within the overall context of the contract,

so that that person should also be considered a consumer.

118 \ 168

CA 20 on Article 2, point 5, definition of ‘damages’


Compromise amendment replacing all relevant amendments, including: LIBE 17, AM 406

(Voss, Maydell), AM 407 (Reda), AM 408 (Guoga), AM 409 (Roziere), AM 410 (Gebhardt

et al.)

5. 'damages' means a sum of money to which consumers may be entitled as

compensation for economic damage to their digital environment detriment caused

by a failure to supply the digital content or digital service or a lack of conformity

of the digital content or digital service with the contract;

CA 21 on Article 2, point 6, definition of ‘price’


Compromise amendment replacing all relevant amendments, including: AM 411 (Voss,

Maydell), AM 412 (Mizzi), AM 413 (Guoga), AM 414 (Zullo)

6. 'price' means money that is due in exchange for digital content or a digital service

supplied;

CA 22 on Article 2, point 8, definition of ‘digital environment’

Supported by EPP, S&D, ECR, ALDE, Greens, EFDD


rapporteurs), AM 421 (Zullo), AM 422 (Guoga), AM 423 (Reda), AM 424 Dalton, Ford),

AM 425 (Kallas, Charanzova)

8. 'digital environment' means hardware, digital content software and any network

connection to the extent that it is within the control of the user and used by the

consumer to access or make use of digital content or a digital service;

CA 23 on recital 18



(Voss, Maydell), AM 212 (Reda)

(18) Contracts may include general terms and conditions of the supplier trader that need to

be accepted by the consumer. For some digital content services, suppliers traders

often describe the service and measurable service targets in a service level agreement.

These service level agreements are generally appended to the main contract and form

an important component of the contractual relationship between the supplier trader

119 \ 168

and the consumer. They should be covered by the definition of a contract under this

Directive, and should thus comply with the rules laid down therein.

Note: the words “the definition of a contract under” will be deleted if AM 420 (deleting the

definition of “contract” in Article 2, point 7) is adopted

120 \ 168

5. Compromise amendments on data as counter-performance / any other

data (scope) (Article 3, paragraphs 1 and 4 and related recitals)

CA 24 on Article 3(1), scope and Article 3(4), data as counter-performance/any other

data

Supported by EPP, S&D, ECR, ALDE, GUE

Compromise amendment replacing all relevant amendments, including: AM 419 (Gebhardt et

al.), AM 443 (Schaake), AM 446 (Rozière), AM 448 (Buda), AM 449 (Maydell et al.), AM

450 (Zullo), AM 451 (Cavada), AM 452 (Gebhardt et al.), AM 454 (Guoga), AM 455 (Kallas

et al.), AM 456 (Vaidere),

Article 3

Scope

1. This Directive shall apply to any contract where the supplier trader supplies or

undertakes to supply digital content or a digital service to the consumer or

undertakes to do so and, in exchange, whether through the payment of a price is to

be paid or under the condition that personal data is provided by the consumer

actively provides counter-performance other than money in the form of personal

data or any other data or collected by the trader or a third party in the interest of

the trader.

[...]

4. This Directive shall not apply where personal data provided by the consumer or

collected by the trader is exclusively processed by the trader for supplying, keeping

in conformity or improving this to digital content or service or for the trader to

comply with provided against counter-performance other than money to the extent

the supplier requests the consumer to provide personal data the processing of which

is strictly necessary for the performance of the contract or for meeting legal

requirements to which and the supplier trader is subject, and the trader does not

further process this data for any other purpose. in a way incompatible with this

purpose. It shall equally not apply to any other data the supplier requests the

consumer to provide for the purpose of ensuring that the digital content is in

conformity with the contract or of meeting legal requirements, and the supplier does

not use that data for commercial purposes.

CA 25 on recital 13, data provided by the consumer and collected by the trader: general

considerations

Supported by EPP, S&D, ECR, ALDE, GUE, Greens

121 \ 168


Rapporteurs), AM 175 (Kallas et al.), AM 176 (Maydell et al.), AM 177 (Guoga), AM 178

(Zullo), AM 179 (Buda), AM 180 (Cavada)

(13) In the digital economy, information about individuals is often and increasingly

seen by market participants as having a value comparable to money. Digital content is

often Specific business models have developed, where traders supply digital content

or a digital service and the consumer is required supplied not in exchange for a price

but against counter-performance other than money to provide or give access to

personal data. i.e. by giving access to personal data or other data. Those specific

business models already apply in different forms in a considerable part of the market.

This Directive does not intend to decide on whether such contracts should be

allowed or not and leaves to national law the question of validity of contracts for the

supply of digital content or a digital service where personal data are provided or

accessed. This Directive should, in no way, give the impression that it legitimises or

encourages a practice based on monetisation of personal data, as personal data

cannot be compared to a price, and therefore cannot be considered as a commodity.

However, Iintroducing a differentiation in the rules applying to monetary and non-

monetary transactions would provide an unjustified incentive for businesses to move

towards offering favour the supply of digital content or digital services against data

with the condition that personal data is provided. A level playing field should be

ensured. In addition, defects of the performance features of the digital content or

digital service supplied against counter-performance other than money when there is

no price paid may have an impact on the economic interests of consumers. With a

view to ensuring a level playing-field and a high level of consumer protection, Therefore the applicability of the rules of this Directive should not depend on whether

a price is paid for the specific digital content or digital service in question.

CA 26 on recital 14, data provided by the consumer and collected by the trader: scope



al.), 187 (Dalton/Ford/Van Bossuyt), AM 188 (Reda), AM 189 (Voss/Maydell), AM 190

(Kallas et al.), AM 191 (Guoga), AM 192 (Roziere), AM 193 (Zullo), AM 194 (Collin-

Langen), AM 195 (Marias), 196 (Voss/Maydell)

(14) As regards digital content and digital services supplied not in exchange for a price but

against counter-performance other than money when provision of personal data is

required, this Directive should apply only to contracts where the supplier trader

requests and the consumer actively provides personal data, as well as where the

trader collects personal data. It would include for example such as the name and e-

mail address or photos, provided directly or indirectly to the supplier trader, for

example through individual registration or on the basis of a contract which allows

access to consumers' photos, or personal data collected by the trader, such as the IP

address. This Directive should not apply to situations where the supplier trader

collects personal data necessary for exclusively to supply, keep in conformity or

122 \ 168

improve the digital content or a digital service to function in conformity with the

contract, for example geographical location where necessary for a mobile application

to function properly, or for the sole purpose of meeting legal requirements, for

instance where the registration of the consumer is required for security and

identification purposes by applicable laws. This Directive should also not apply to

situations where the supplier collects information, including personal data, such as the

IP address, or other automatically generated information such as information collected

and transmitted by a cookie, without the consumer actively supplying it, even if the

consumer accepts the cookie. It should also not apply to situations where the

consumer is exposed to advertisements exclusively in order to gain access to digital

content or digital service.

CA 27 on recital 19


Compromise amendment replacing all relevant amendments, including: AM 214 (Guoga),

AM 215 (Voss, Maydell)

(19) This Directive should apply only to those services whose main subject matter is

providing digital content services. Therefore, the Directive should not apply to

services, which are performed personally by the supplier trader and where the digital

means are only used for access or delivery purposes, such as a translation offered by a

person or other professional advice services where only the output of the service is

delivered to the consumer by digital means.

123 \ 168

6. Compromise amendments on remaining provisions on scope (Article 3

and related recitals)

CA 28 on Article 3, paragraph 2: content developed according to consumer’s

specifications



rapporteurs), AM 457 (Zullo), AM 458 (Roziere), AM 459 (Kallas, Charanzova)

2. This Directive shall apply to any contract for the supply of digital product content or

digital services developed according to the consumer's specifications.

CA 29 on recital 16: content developed according to consumer’s specifications

Supported by EPP, S&D, ECR, Greens, EFDD


rapporteurs), AM 205 (Zullo), AM 206 (Reda), AM 207 (Buda)

(16) In order to ensure a common set of rights for consumers and a level playing field for

businesses, consumers should have the same remedies for digital content or digital services

which is are not in conformity with the contract irrespective of the way in which the content

or service has been developed. Consequently the this Directive should apply to contracts for

the development of digital content or digital services tailor-made to the specific requirements

of the consumer including tailor-made software. This Directive should also apply to the

supply of visual modelling files required in the context of 3D printing. However this

Directive should not regulate goods produced with the use of 3D printing technology or the

damage caused to them.

CA 30 on Article 3, paragraph 5 (including OTTs)


Compromise amendment replacing all relevant amendments, including: AM 36-38 (co-

rapporteurs), AM 481 (Zullo), AM 482 (Schwab), AM 483 (Maydell), AM 484 (Buda), AM

485 (Guoga), AM 486 (Roziere), AM 487 (Roziere), AM 488 (Gebhardt et al.), AM 489

[MD1](Reda, Charanzova, Kallas), AM 490 (Karas), AM 491 (Juvin), AM 492 (Schwab), AM

493 (Buda)

5. This Directive shall not apply to contracts regarding:

(a) services performed personally with a predominant element of human

intervention by the supplier trader and where the digital format means is are

only used mainly as a carrier for access or delivery purposes;

124 \ 168

(a) interpersonal communication services electronic communication services as

defined in Directive 2002/21/EC the European Electronic Communications

Code, with the exception of number-independent interpersonal

communication services to the extent that those are not regulated in the

European Electronic Communications Code;

(b) healthcare as defined in point (a) of Article 3 of Directive 2011/24/EU;

(c) gambling services meaning services which involve wagering a stake with

monetary value in games of chance, including those with an element of skill,

such as lotteries, casino games, poker games and betting transactions, by

electronic means and at the individual request of a recipient of a service;

(d) financial services.

CA 31 on Article 3, paragraph 6: additional contractual obligations



rapporteurs), AM 494 (Buda), AM 495 (Maydell), AM 496 (Guoga), AM 497 (Roziere), AM

498 (Zullo), AM 499 (Cavada)

6. Where a contract includes elements in addition to for the supply of digital content

or digital service includes additional contractual obligations, this Directive shall

only apply to the rights and obligations and remedies of the parties as supplier

trader and consumer of the digital content or digital service.

CA 32 on recital 20: bundles, including OTTs

Supported by EPP, S&D, ECR, ALDE, EFDD


(Voss/Maydell)

(20) However, without prejudice to the European Electronic Communications Code,

where, under a contract or a bundle of contracts, the supplier trader offers digital

content or a digital service in combination with other services such as

telecommunication interpersonal communication services or goods, which do not

function merely as a carrier of and the digital content or digital service is not pre-

installed in the goods, this Directive should only apply to the digital content or digital

service component of such a bundle. The other elements should be governed by the

applicable law.

Note: if adopted, to become recital 10b

125 \ 168

CA 33 on Article 3, paragraph 7: sector-specific legislation



(co-rapporteurs), AM 500 (Maydell), AM 501 (Guoga)

7. If any provision of this Directive conflicts with a provision of another Union act

governing a specific sector or subject matter, the provision of that other Union act

shall take precedence over this Directive prevail and apply to this specific sector or

subject matter.

CA 34 on Recital 21: copyright


Compromise amendment replacing all relevant amendments, including: AM 217 (Marias),

AM 218 (Reda, Kallas), AM 219 (Voss, Maydell), AM 220 (Cavada)

(21) This Directive should not deal with copyright and other intellectual property related

aspects of the supply of digital content or digital services. Therefore it should be

without prejudice to any rights and obligations according to copyright law and other

intellectual property laws.

126 \ 168

7. Compromise amendments on level of harmonisation - general provision

(Article 4 and related recitals)

CA 35 on Article 4, level of harmonisation

Supported by EPP, S&D, ECR, GUE, Greens, EFDD


(gebhardt et al.), 510 (Troszczynski), 511 (de Jong), 512 (Reda), 513 (Buda), 514

(Dalton/Ford)

Article 4

Level of harmonisation

Member States shall not maintain or introduce, in their national law, provisions diverging

from those laid down in this Directive, including more or less stringent provisions to ensure a

different level of consumer protection, unless otherwise provided for in this Directive.

See as well specific provisions where Member States can maintain into force existing

provisions after entry into force of this Directive, in:

- Article 10 and recital 34 on duration of the legal guarantee for embedded digital content

and digital services (under point 3, below)

- Article 3(9) and recital 10 on ‘hidden defects’ and ‘short-term right to reject’ (under point

6, below).

CA 36 on recital 5



(Rapporteurs), 109 (Troszczynski), 110 (Gebhardt et al.), 111 (Reda), 112 (Mizzi), 113

(Ford), 114 (Buda), 115 (Negrescu), 116 (Rozière), 117 (Zullo), 118 (Maydell)

(5) In order to remedy these problems, both businesses and consumers should be able to

rely on fully harmonised rules of some key regulatory aspects for the supply of digital

content or digital services setting out Union-wide contractual rights which are essential for

this type of transactions, whilst allowing Member States to maintain national rules in

relation to certain other aspects. In doing so, the ambition of this Directive is to strike the

right balance between a high level of consumer protection and the competitiveness of

enterprises, while ensuring respect for the principle of subsidiarity.

CA 37 on recitals 6 and 7

127 \ 168



(Troszczynski), 120 (Gebhardt et al.), 121 (Reda), 122 (Maydell), 123 (Marias), 124 (Buda),

125 (Rozière), 126 (Zullo), 127 (Troszczynski), 128 (Gebhardt et al.), 129 (Reda), 130

(Voss), 131 (Buda), 132 (Rozière), 133 (Zullo), 134 (Marias), LIBE 2

(6) Fully h Harmonised consumer contract law rules in all Member States will make it

easier for businesses to offer digital content cross-border. They will have a stable contract

law environment when selling online and otherwise at a distance to other Member States.

Fully harmonised rules specific for digital content throughout the EU will remove the

complexity caused by the different national rules that currently apply to contracts for the

supply of digital content. They will also prevent legal fragmentation that otherwise would

arise from new national legislations regulating specifically digital content.

(7) Consumers will should benefit from fully harmonised rights for digital content and

digital services at a high level of protection. They will should have clear mandatory rights

when they receive or access digital content or digital services from anywhere in the

EUUnion. This will should increase their confidence in buying digital content or digital

services. This will should also contribute to reducing the detriment consumers currently

suffer, since there will be a set of clear rights that will enable them to address problems they

face with digital content or digital services.

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8. Compromise amendments on supply of the digital content/service

CA 38 on Article 5, supply of digital content/digital service


Compromise amendment on Article 5 replacing all relevant amendments including

amendments 44-48 (co-rapporteurs), AM 518 (Buda), AM 519 (Maydell), AM 520 (Zullo),

AM 521 (Roziere), AM 522 (Buda), AM 523 (Zullo), AM 524 (Le Grip), AM 525 (Roziere),

AM 526 (Le Grip), AM 527 (Le Grip), AM 528 (Buda), AM 529 -531 (Zullo), AM 532 (Le

Grip), AM 533 (Maydell), AM 534 (Buda), AM 535 (Gebhardt et al.), AM 536 (Zullo), AM

537 (Guoga), AM 538 (Kallas/Charanzova),

Article 5

Supply of the digital content or digital service

1. When performing the contract for the supply of digital content, the supplier trader

shall supply the digital content or digital service by making it available or giving access to

(a) the consumer; or

(b) a third party which operates a physical or virtual facility making the digital content or

digital service available to the consumer or allowing the consumer to access it and which has

been chosen by the consumer for receiving the digital content or digital service; or

(c) any other party designated by the consumer.

2. Unless the parties have agreed otherwise, the supplier trader shall supply the digital

content or digital service without undue delay after the conclusion of the contract. The

supply shall be deemed to take place trader shall have complied with his obligation to

supply when the digital content or digital service is supplied made available or is made

accessible to the consumer or, where point (b) or (c) of paragraph 1 applies, to the third party

chosen by the consumer, whichever is the earlier applicable.

CA 39 on Article 2, point 10, definition of ‘supply’


Compromise amendment replacing all relevant amendments, including: AM 29, AM 436 (Le

grip), AM 437 (Buda), AM 438 (Zullo), AM 439 (Roziere)

10. 'supply' means providing access to digital content or digital services or making digital

content or digital services available;

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CA 40 on recital 23


Compromise amendment replacing all relevant amendments including: AM 15 (co-

rapporteurs), AM 226 (Cavada), AM 227 (Zullo), AM 228 (Buda), AM 229 (Maydell), AM

230 (Kallas/Charanzova), AM 231 (Guoga), AM 232 (Roziere), 275 (Voss/Maydell)

(23) There are various ways for digital content or digital services to reach consumers or to

be made accessible to them. It is opportune to set simple and clear rules as to the modalities

and the time for performing the supplier’s trader main contractual obligation to supply digital

content or a digital service to the consumer. Considering that the supplier trader is not in

principle responsible for acts or omissions of an internet provider or an electronic platform

which the consumer selected for receiving the digital content or digital service, it should be

sufficient for the supplier trader to supply the digital content or digital service to this third

party or to any other party designated by the consumer. With regard to the time of supply, in

line with market practices and technical possibilities, the digital content or digital service

should be supplied immediately without undue delay after the conclusion of the contract,

unless the parties decide to agree otherwise in order to cater for other supply models.

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9. Compromise amendments on conformity criteria (Articles 5a, 6 and 6a,

Article 2(1)(9) and Articles 7, 8, and 8a and related recitals)

CA 40bis on Article 5a (new): chapeau article


Compromise amendment replacing all relevant amendments including: AM 50 (Rapporteurs),

541 (Gebhardt et al.)

Article 5a

Conformity of the digital content or digital service with the contract

In order to conform with the contract, the digital content or digital service must meet the

requirements of Articles 6, 6a, 7 and 8.

CA 41 on Article 6: subjective conformity criteria


Compromise amendment replacing all relevant amendments including: AM 51-55 draft report

(Gebhardt/Voss); AMs 542-549 (Buda), 543-564-566-601 (Maydell), 544-550-553-565-600

(Zullo), 545-547-552-554-560-567 (Rozière), 546 (Dalton, Ford), 548 (Reda), 551 (Guoga),

555 (Grapini), 556 (Juvin), 557 (Cavada), 558 (Le Grip), 599 (Zwiefka, Thun)

Article 6

Subjective requirements for conformity of the digital content with the contract

1. In order to conform with the contract, the digital content or digital service shall, where

relevant:

(a) be of the quantity, quality, description, duration and version and shall possess

functionality, interoperability and other performance features such as

accessibility, continuity and security, as required by the contract including in

any pre-contractual information, which forms integral part of the contract;

(b) be fit for any particular purpose for which the consumer requires it and which

the consumer made known to the supplier trader at the latest at the time of the

conclusion of the contract and which the supplier trader accepted;

(ba) comply with the trial version or preview of the digital content or digital

service, made available by the trader, unless the difference between the

digital content or digital service supplied and the trial version or preview

was brought to the consumer's attention before the contract was concluded;

(c) be supplied along with all the accessories, any instructions, including on

installation, and customer assistance as stipulated by the contract including in

any pre-contractual information, which forms integral part of the contract;

and

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(d) be updated as stipulated by the contract including in any pre-contractual

information, which forms integral part of the contract.

CA 42 on Article 6 a (new): objective conformity criteria


Compromise amendment replacing all relevant amendments including: AM 56-60 draft report

(Gebhardt/Voss); AMs 559 (Dalton, Ford), 561-577-579-581-582-583-585-591-593 (Reda),

562-563-569 (Rozière), 568 (Grapini), 570-587-595-600 (Zullo), 571-586-589-594-601

(Maydell), 572 (Kallas, Charanzova), 573-576 (Guoga), 574 (Le Grip), 575 (Collin-Langen),

578 (Anderson et al.), 580 (Mizzi), 584 (Schwab), 588 (Schaake), 590 (Kallas-Charanzová),

592-598 (Cavada), 596 (Juvin), 597 (Le Grip)

Article 6a

Objective requirements for conformity with the contract

21. To the extent that the contract does not stipulate, where relevant, in a clear and

comprehensive manner, the requirements for the digital content under paragraph 1, the digital

content shall be fit for the purposes for which digital content of the same description would

normally be used including its functionality, interoperability and other performance features

such as accessibility, continuity and security, taking into account:

(a) whether the digital content is supplied in exchange for a price or other counter-

performance than money;

(b) where relevant, any existing international technical standards or, in the absence of

such technical standards, applicable industry codes of conduct and good practices; and

2. To the extent that the contract does not stipulate The digital content or digital service

shall, where relevant in a clear and comprehensive manner, the requirements for the digital

content under paragraph 1, the digital content shall be fit for the purposes for which digital

content of the same description would normally be used including its:

(a) possess qualities and performance features including in relation to

functionality, interoperability, and other performance features such as

accessibility, continuity and security, which are usually found in digital

content or digital services of the same type and which the consumer may

reasonably expect given the nature of the digital content or digital service,

taking into account, (a) whether the digital content is supplied in exchange for

a price or other counter-performance than money; (b) where relevant, any

existing international or European technical standards or, in the absence of

such technical standards, applicable industry codes of conduct and good

practices, including on the security of information systems and digital

environments;

(b) (c) take into account any public statement made by or on behalf of the

supplier trader, the producer or his representative, particularly in

advertising or on labelling or other persons in earlier links of the chain of

transactions, unless the supplier trader shows can show that:

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(i) he was not and could not reasonably have been aware of the respective

statement in question on the specifics of the digital content or digital

service;

(ii) by the time of the conclusion of the contract the statement had been

corrected in the same or a comparable way as it has been made; or

(iii) the decision to acquire the digital content or digital service could not

have been influenced by the statement.

3. Where the contract stipulates that In the case of contracts where the digital content or

digital service is to shall be supplied over a period of time, the digital content or

digital service shall be in conformity with the contract throughout the duration of that

period. Temporary interruptions to the supply of digital content or digital service

which fall on the responsibility of the trader shall be treated as cases of non-

conformity if they are significant, continuous and recurring.

4. Unless otherwise expressly agreed, digital content or a digital service shall be

supplied in conformity with the most recent version of the digital content or digital

service which was available at the time of the conclusion of the contract.

5. The trader shall ensure that during a reasonable period of time the consumer is

supplied with and notified of updates, including security updates, to the digital

content or a digital service that are necessary in order to keep the digital content or

digital service into conformity with the contract. A consumer’s failure to install

those updates within a reasonable period shall have no bearing on the conformity

of the digital content or digital service with the contract. Where the consumer

chooses to remain with his or her present version of the digital content or the digital

service, and the new version is not necessary for the digital content or service to

remain in conformity with the contract, that present version shall remain available

or accessible within a reasonable timeframe.

6. In order to conform with the contract the digital content or digital service must also

meet the requirements of Articles 7 and 8 and, where relevant, Regulation (EU)

2016/679.

CA 43 on Article 2, paragraph 1, point 9: definition of ‘interoperability’


Compromise amendment replacing all relevant amendments including: AM 19 draft report

(Gebhardt/Voss); AMs 426 (Le Grip), 427 (Anderson et al.), 428 (Rozière), 429 (Juvin), 430

(Zullo), 431 (Guoga), 432 (Cavada), 433 (Rozière)

(9) ‘interoperability' means the ability of digital content or a digital service to perform all its

functionalities in interaction with a concrete digital environment including allowing

consumers to access digital content or a digital service without having to use applications

or other technologies to convert the digital content or digital service they want to have

access to.

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CA 44 on recitals 24, 25 and 25a (new): subjective and objective conformity criteria



(Gebhardt/Voss); AMs 233-236 (Rozière), 234-237 (Reda), 238 (Gebhardt et al.), 235-239

(Zullo), 240 (Kallas, Charanzová)

(24) In order to promote innovation in the Digital Single Market and cater for technological

developments reflected in the fast changing characteristics of digital content, it is justified for

the digital content to be, above all, in conformity with what was agreed in the contract.

(25) In cases where order to provide clarity as to what a consumer can expect from the

digital content or digital service concerned and what the trader would be liable for in the

event of failure to supply what is expected, it is essential to harmonise rules for

determining conformity with the contract. Applying a combination of subjective and

objective criteria should safeguard legitimate interests of both parties to the contract. The

contract does not should stipulate sufficiently clear and comprehensive benchmarks to

ascertain the conformity of the digital content or digital service with the contract. It is also

necessary to set objective conformity criteria to ensure that consumers are not deprived of

their rights. In such cases The conformity with the contract should be assessed considering

the purpose quality and performance for which digital content or digital services of the same

description would normally be used, taking into account what can be reasonably expected

by the consumer, the nature of the digital content or digital service and, if applicable, any

public statements on the specific characteristics of the digital content or digital service

made by or on behalf of the trader, the producer or his representative, particularly in

advertising or on labelling. Consumers' expectations vary widely depending on the type

and the use of digital content and services and should therefore be objectively ascertained.

(25a) While freedom of contract with regard to the criteria of conformity with the

contract should be ensured, in order to avoid circumvention of the liability for lack of

conformity and ensure a high level of consumer protection, any contract clause derogating

from the mandatory rules on criteria of conformity and incorrect integration of the digital

content or the digital service, which is detrimental to the interests of the consumer, shall be

valid only if the consumer has been specifically informed and has expressly consented to it

when concluding the contract.

CA 45 on recital 26: interoperability as part of objective conformity criteria



(Gebhardt/Voss); AMs 241 (Reda), 242 (Le Grip), 243 (Buda), 244 (Zullo)

(26) Due to their nature, digital content and digital services need to interact with other

digital equipment to function properly; interoperability should therefore form a part of the

conformity criteria. The notion of interoperability should refer to the ability of the digital

content or digital service to perform all its functionalities in interaction with a concrete

134 \ 168

digital environment. The notion of functionality should refer to the ways in which digital

content or a digital service can be used; it should also refer to the absence or presence of any

technical restrictions such as protection via Digital Rights Management or regional coding.

The consumer should be notified in advance of the authorised uses of the digital content,

such as private copying. Where the contract concerns copyright-protected works, the

conformity of the contract implies that the entirety of copyright laws is respected.

Contractual clauses that specifically prevent the lawful enjoyment of exceptions or

limitations laid down in copyright law should constitute a lack of conformity. The

conditions under which the enjoyment of the exceptions or limitations should continue to

be determined by Union rules on copyright and related rights, which are not modified by

this Directive.

CA 46 on recital 27: security and reliability as part of objective conformity criteria


Compromise amendment replacing all relevant amendments, including: AM 19 (draft report);

AMs 245 (Schaake), 246 (Dalton/Ford), 9 LIBE

(27) While data-driven services and technologies bring significant benefits, they also

create some vulnerabilities. As recognised by the Digital Single Market Strategy a A high

level of network and information security is essential across the European Union to ensure

respect of fundamental rights such as the right to privacy and protection of personal data, to

increase user confidence and strengthen their trust in the digital economy. As software

becomes pervasive, qualities such as reliability, security, and adaptability to evolving needs

are also becoming a prime concern. It is therefore increasingly important that those data-

driven services and technologies ensure that those qualities are guaranteed, to the extent that

is proportionate to the role and function those technologies play. In particular, quality in

terms of security and reliability is becoming an important concern for innovative, composite

services that have to rely on the interconnection of diverse systems in different domains. In

this context it is important to stress that updates, including security updates, are a

necessary element to secure the operating software of smart goods such as smartphones,

which require the installation as soon as possible by the consumer of the most recent

version provided by the trader in order for the consumer to be protected against

exploitation by persons acting with malicious intent.

CA 47 on recital 28: use of standards


Compromise amendment replacing all relevant amendments, including: AM 247 + alignment

to CA on Article 6a(1)(a)

(28) When applying the rules of this Directive, suppliers traders should make use of

standards, open technical specifications, good practices and codes of conduct, including in

relation to the commonly used data format for retrieving the content generated by the user or

any other content provided by the consumer, and including on the security of information

systems and digital environments, whether established at the international level, the

135 \ 168

European level or at the level of a specific industry sector. In this context, the Commission

may consider call for the promotion of the development of international and European

standards and the drawing up of a code of conduct by trade associations and other

representative organisations that could support the uniform implementation of the Directive.

CA 48 on recital 28a: updates to the digital content or a digital service

Supported by EPP, S&D, ECR, ALDE, GUE, EFDD

Compromise amendment creating extra recital corresponding to paragraph 4 of Article 6a

(below)

(28a) During a reasonable period of time, the trader should provide the consumer with

updates, including security updates, in order to keep the digital content or digital service in

conformity with the contract. The consumer should remain free to install those updates or

not. For instance, the consumer may decide not to install the updates supplied to him in

case this would require an upgrade to his operating system. If the consumer decides not to

install the updates, unless expressly agreed otherwise, the consumer cannot reasonably

expect the digital content or digital service to remain in conformity with the contract, and

shall be made aware of the fact that the trader’s responsibility to keep the digital content or

digital service in conformity will have to be assessed in the light of his decision not to

install necessary updates, including on security.

CA 49 on recital 29: conformity of digital content or a digital service supplied over a

period of time


Compromise amendment replacing all relevant amendments, including: AMs 248

(Kallas/Charanzová), 249 (Zullo), 250 (Voss/Maydell), 251 (Buda), 252 (Marias) +

alignment to CA on Article 6a(2) and (3)

(29) Many types of digital content or digital services are supplied over a period of time.

For instance, such as consumers access to cloud services over a period of time. It is therefore

important necessary to ensure that the digital content or digital service is in conformity with

the contract throughout the duration of the contract. Significant, continuous and recurring

interruptions to the supply of digital content or digital service which fall on the

responsibility of the trader should be treated as cases of non-conformity. Moreover, given

the frequent improvement of digital content and digital services, notably by updates, the

version of digital content or of a digital service supplied to the consumer should be the most

recent one available at the time of the conclusion of the contract, unless the parties to the

contract expressly agree that an older version will be supplied, for instance in order to

ensure interoperability with the digital environment of the consumer.

CA 50 on Article 7: integration of the digital content or digital service


136 \ 168

Compromise amendment replacing all relevant amendments, including: AMs 602-605-606-

609 (Voss/Maydell), 603-608-612 (Zullo), 604-607-610 (Gebhardt et al.), 611 (Reda), 613

(Cavada)

Article 7

Integration of the digital content or digital service

Where the digital content or digital service is incorrectly integrated into the consumer's

digital environment, any lack of conformity resulting from the incorrect integration shall be

regarded as lack of conformity with the contract of the digital content or digital service if:

(a) the digital content or digital service was integrated by the supplier trader or under

the supplier trader’s responsibility; or

(b) the digital content or digital service was intended to be integrated by the

consumer and the incorrect integration was due to shortcomings in the integration

instructions where those instructions were supplied in accordance with point (c) of

Article 6(1) or should have been supplied in accordance with Article 6(2) Article

6a.

CA 51 on recital 30: integration of the digital content or digital service


Compromise amendment replacing all relevant amendments, including: AM 253 (Guoga) +

alignment to CA on Article 7

(30) In order to work properly, digital content or a digital service needs to be correctly

integrated into the consumer's hardware and software digital environment. Where a lack of

conformity with the contract of the digital content or digital service results from an incorrect

integration, it should be regarded as a lack of conformity with the contract of the digital

content or digital service itself, where it was integrated by the supplier trader or under its

control, or by the consumer following supplier’s the trader’s instructions for integration and

the incorrect integration was due to shortcomings in the required integration instructions. In

such scenarios the origin of the lack of conformity stems from the sphere of the supplier

trader.

CA 52 on Article 8: third party rights


Compromise amendment replacing all relevant amendments, including: AMs 615 (Niebler),

616-623 (Voss/Maydell), 617-625 (Gebhardt et al.), 618-624 (Juvin), 619-626 (Zullo), 620-

627 (Dzhambazki), 621-628 (Le Grip), 622 (Cavada), 630 (Reda)

Article 8

Third party rights

1. At the time the digital content is supplied to the consumer, the digital content or

digital service shall be free of any restriction resulting from any right of a third

137 \ 168

party, including any right based on intellectual property, so that may prevent the

consumer from using the digital content or digital service can be used in accordance

with the contract.

2. Where the digital content or digital service is supplied over a period of time, the

supplier trader shall, for the duration of that period, keep the digital content or digital

service supplied to the consumer free of any restriction resulting from any right of a

third party, including that any right based on intellectual property, so that may

prevent the consumer from using the digital content or digital service can be used in

accordance with the contract.

CA 53 on recital 31: third party rights


Compromise amendment replacing all relevant amendments, including: AMs 254 (Cavada),

255 (Voss/Maydell) + alignment to CA on Article 8

(31) Conformity should cover material as well as legal defects. Third party rights might

effectively bar the consumer from enjoying the digital content or digital service or some of

its features in accordance with the contract if those third party rights are infringed, and if

when the third party rightfully compels the supplier trader to stop infringing those rights and

to discontinue offering the digital content or digital services in question. Legal defects are

particularly important for digital content or digital services, which, by its their nature, is are

subject to intellectual property rights. Therefore the supplier trader should be obliged to

ensure that the digital content or digital service is free from any restrictions resulting from

any right of a third party, for example a copyright claim related to the digital content or

digital service, which precludes the consumer from enjoying the digital content or digital

service in accordance with the contract.

CA 54 on Article 8a (new): derogation clauses


Compromise amendment replacing all relevant amendments, including: AM 55 (Rapporteurs)

Article 8a (new)

Any contract clause excluding, derogating from or varying the effects of Articles 6a, 7 and

8 to the detriment of the consumer shall be valid only if, at the time of conclusion of the

contract, the consumer has been specially informed of the specific condition of the digital

content or digital service and the consumer expressly accepted that specific condition when

concluding the contract.

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10. Compromise amendments on liability, including guarantee period

(Article 10, recitals 34 and 43)

CA 55 on Article 10: liability of the trader


Compromise amendment replacing all relevant amendments, including AM 661 (Niebler),

AM 662 (Reda), AM 663 (Voss, Maydell), AM 664 (Gebhardt et al.), AM 665 (Guoga), AM

666 (Zullo), AM 667 (Buda), AM 668 (Gebhardt et al.), AM 669 (Voss, Maydell), AM 670

(Kallas, Charanzova), AM 671 (Buda), AM 672 (Zullo), AM 673 (Schwab), AM 674 (Reda),

AM 675 (Mizzi), AM 676 (Kallas, Cavada, Charanzova), AM 677 (Zullo), AM 678 (Buda),

AM 679 (Schwab), AM 680 (Guoga), AM 681 (Reda), AM 682 (Reda), AM 683 (Niebler),

AM 684 (Vaidere), AM 685 (Dzhambazki), AM 686 (Schwab), AM 871 (Zullo), 34 LIBE,

35 LIBE.

Article 10 9

Liability of the supplier trader

1. The supplier trader shall be liable to the consumer for:

(a) any failure to supply the digital content or digital service in accordance with Article

5;

(b) any lack of conformity of the digital content or digital service with the contract:

(i) which exists at the time the digital content is supplied of supply of the digital

content or digital service and becomes apparent within two years from the time of

supply, where the contract provides for a single act of supply or a series of

individual acts of supply; and or

(c) (ii) which becomes apparent during the period of time mentioned in the

contract, where the contract provides that the digital content or digital service shall is

to be supplied over a period of time, any lack of conformity which occurs during the

duration of that period.; and

(c) any lack of conformity with the contract of embedded digital content or an

embedded digital service which exists at the time of delivery of the goods in which

the digital content or digital service is embedded and becomes apparent within two

years from the time of delivery.

2. In respect of point (c) of paragraph 1, Member States may maintain more stringent

provisions in their national law that are already in force at the date of entry into

force of this Directive.

139 \ 168

CA 56 on recital 34

Supported by EPP, S&D, ALDE, ECR, Greens, EFDD

Compromise amendment replacing all relevant amendments, including AM 269 (Cavada,

Kallas), AM 270 (Dzhambazki), AM 271 (Voss, Maydell), AM 272 (Gebhardt et al.), AM

273 (Buda), AM 274 (Zullo), AM 275 (Voss, Maydell), AM 276 (Koster), AM 329 (Kallas,

Charanzova, Cavada), AM 330 (Gebhardt et al.), AM 331 (Marias), AM 332 (Vaidere), AM

333 (Zullo), AM 334 (Niebler), AM 335 (Voss, Maydell).

(34) The supplier trader should be liable to the consumer for any failure to supply the

digital content or digital service and for the any lack of conformity of the digital content or

digital service with the contract that becomes apparent within two years from the time of

supply. and for any failure to supply the digital content. Moreover, Given that digital content

or digital services may be supplied over a period of time, it is justified that the supplier

trader should be liable for any lack of conformity which occurs during that period. As

regards embedded digital content or embedded digital services, a similar legal guarantee

regime as for normal goods should apply. In order to increase consumer confidence and

boost cross-border sales, both online and offline, further progress should be made in the

process of harmonisation of consumer legislation. The two-year minimum legal guarantee

period laid down in Directive 1999/44/EC should be turned into a full harmonisation

norm. However, in order not to decrease consumer protection in certain Member States,

those Member States that had already introduced longer or different models of guarantee

periods by the time of entry into force of this Directive should be able to maintain them.

CA 57 on recital 43


Compromise amendment replacing all relevant amendments, including AM 329 (Kallas,

Charanzova, Cavada), AM 330 (Gebhardt et al.), AM 331 (Marias), AM 332 (Vaidere), AM

333 (Zullo), AM 334 (Niebler), AM 335 (Voss, Maydell).

(43) Due to its nature the digital content is not subject to wear and tear while being used

and it is often supplied over a period of time rather than as a one-off supply. It is, therefore,

justified not to provide a period during which the supplier should be held liable for any lack

of conformity which exists at the time of the supply of the digital content. Consequently

Member States should refrain from maintaining or introducing such a period. Member States

should remain free to rely on national prescription rules in order to ensure legal certainty in

relation to claims based on the lack of conformity of digital content.

140 \ 168

11. Compromise amendments on burden of proof (Article 9; recital 32 and

33)

CA 58 on Article 9

Supported by EPP, S&D, ECR

Compromise amendment replacing all relevant amendments, including AMs 637 (de Jong),

638 (Köster), 639 (Kallas et al.), 641 (Collin-Langen), 642 (Schwab), 643 (Comi et al.), 644

(Voss/Maydell), 645 (Guoga), 646 (Comi et al.), 647 (Comi et al.), 648 (Dzhambazki), 649

(Reda), 639 (Kallas et al.), 650 (Gebhardt et al.), 651 (Voss/Maydell), 652 (Zullo), 653 (Le

Grip), 654 (Comi et al.), 655 (Voss/Maydell), 656 (Gebhardt et al.), 657 (Reda), 658

(Guoga), 659 (Rozière), 661 (Niebler), 676 (Kallas/Cavada/Charanzová), 683 (Niebler), 33

LIBE

Article 9 10

Burden of proof

1. The burden of proof with respect to proving that a lack of conformity existed at the

time specified in Article 10 9 shall be on the supplier trader, when a lack of

conformity with the contract at the time indicated in becomes apparent:

a) within two years of the date of supply of the digital content or digital service,

b) within one year of the date of delivery of the embedded digital content or digital

service,

c) within the duration of the contract, where the contract provides for continuous

supply of digital content or digital service or delivery of embedded digital

content or digital service over a period of time.

2. Paragraph 1 shall not apply where the supplier trader shows that the digital

environment of the consumer is not compatible with interoperability and other

technical requirements of the digital content or digital service and where the supplier

trader informed the consumer of such requirements in a clear and comprehensible

manner before the conclusion of the contract.

3. The consumer shall cooperate with the supplier trader to the extent possible and

necessary to determine ascertain the consumer's digital environment in order to

establish whether the lack of conformity of the digital content or digital service

existed at the time of supply. The obligation to cooperate shall be limited to the

technically available means which are the least intrusive for the consumer. Only in

exceptional and duly justified circumstances where there are no other means

available, the consumer shall grant the trader upon request virtual access to the

consumer's digital environment. Where the consumer fails to cooperate and where

141 \ 168

the trader informed the consumer of such requirement in a clear and

comprehensible manner before the conclusion of the contract, the burden of proof

with respect to the non-conformity lack of conformity with the contract shall be on

the consumer.

CA 58a on Article 9

Alternative CA supported by GUE, Greens

Compromise amendment replacing all relevant amendments, including AMs 637 (de Jong),

638 (Köster), 639 (Kallas et al.), 641 (Collin-Langen), 642 (Schwab), 643 (Comi et al.), 644

(Voss/Maydell), 645 (Guoga), 646 (Comi et al.), 647 (Comi et al.), 648 (Dzhambazki), 649

(Reda), 639 (Kallas et al.), 650 (Gebhardt et al.), 651 (Voss/Maydell), 652 (Zullo), 653 (Le

Grip), 654 (Comi et al.), 655 (Voss/Maydell), 656 (Gebhardt et al.), 657 (Reda), 658

(Guoga), 659 (Rozière), 661 (Niebler), 676 (Kallas/Cavada/Charanzová), 683 (Niebler), 33

LIBE

Article 9 10

Burden of proof

1. The burden of proof with respect to proving that a lack of conformity existed at the

time specified in Article 10 9 shall be on the supplier trader, when a lack of

conformity with the contract at the time indicated in becomes apparent:

a) within two years of the date of supply of the digital content or digital service,

b) within the duration of the contract, where the contract provides for continuous

supply of digital content or digital service or delivery of embedded digital

content or digital service over a period of time.

2. Paragraph 1 shall not apply where the supplier trader shows that the digital

environment of the consumer is not compatible with interoperability and other

technical requirements of the digital content or digital service and where the supplier

trader informed the consumer of such requirements in a clear and comprehensible

manner before the conclusion of the contract.

3. The consumer shall cooperate with the supplier trader to the extent possible and

necessary to determine ascertain the consumer's digital environment in order to

establish whether the lack of conformity of the digital content or digital service

existed at the time of supply. The obligation to cooperate shall be limited to the

technically available means which are the least intrusive for the consumer. Only in

exceptional and duly justified circumstances where there are no other means

available, the consumer shall grant the trader upon request virtual access to the

consumer's digital environment. Where the consumer fails to cooperate and where

the trader informed the consumer of such requirement in a clear and

comprehensible manner before the conclusion of the contract, the burden of proof

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with respect to the non-conformity lack of conformity with the contract shall be on

the consumer.

CA 59 on recital 32

Supported by EPP, S&D, ECR

Compromise amendment replacing all relevant amendments, including AMs 257

(Voss/Maydell), 258 (Niebler), 259 (Kallas/Charanzova), 260 (Le Grip), 261 (Gebhardt et

al.), 262 (Zullo), 277 (Köster).

(32) Due to the specific nature of digital content and digital services with its their

high complexity as well as the supplier’s trader's better knowledge and access to

know how, technical information and high-tech assistance, it is the supplier trader

who is in a better position than the consumer to know the reasons for the digital

content or digital service not being in conformity with the contract. The supplier

trader is also in a better position to assess whether the lack of conformity with the

contract is due to incompatibility of the consumer’s digital environment with the

technical requirements for the digital content or digital service. Therefore, in case of a

dispute, it should be for the supplier trader to prove that the digital content or digital

service is in conformity with the contract, unless the supplier trader proves that the

consumer's digital environment is not compatible with the digital content or digital

service. Only Where the supplier trader proves that the consumer's digital

environment is not compatible with the interoperability and other technical

requirements, it should be for the consumer to prove that the digital content or service

is not in conformity with the contract. The period of time during which the burden of

proof for the lack of conformity with the contract is on the trader should be two

years from the time when the digital content or digital service was supplied. This

time limit should be reduced to one year in the case of digital content or a digital

service embedded in goods. In the case of long-term contracts for the supply of

digital content or a digital service, the burden of proof should remain on the trader

throughout the duration of the contract.

CA 59a on recital 32

Alternative compromise supported by GUE, Greens

Compromise amendment replacing all relevant amendments, including AMs 257

(Voss/Maydell), 258 (Niebler), 259 (Kallas/Charanzova), 260 (Le Grip), 261 (Gebhardt et

al.), 262 (Zullo), 277 (Köster).

(32) Due to the specific nature of digital content and digital services with its their

high complexity as well as the supplier’s trader's better knowledge and access to

know how, technical information and high-tech assistance, it is the supplier trader

who is in a better position than the consumer to know the reasons for the digital

content or digital service not being in conformity with the contract. The supplier

trader is also in a better position to assess whether the lack of conformity with the

contract is due to incompatibility of the consumer’s digital environment with the

technical requirements for the digital content or digital service. Therefore, in case of a

dispute, it should be for the supplier trader to prove that the digital content or digital

143 \ 168

service is in conformity with the contract, unless the supplier trader proves that the

consumer's digital environment is not compatible with the digital content or digital

service. Only Where the supplier trader proves that the consumer's digital

environment is not compatible with the interoperability and other technical

requirements, it should be for the consumer to prove that the digital content or service

is not in conformity with the contract. The period of time during which the burden of

proof for the lack of conformity with the contract is on the trader should be two

years from the time when the digital content or digital service was supplied. In the

case of long-term contracts for the supply of digital content or a digital service, the

burden of proof should remain on the trader throughout the duration of the

contract.

CA 60 on recital 33


Compromise amendment replacing all relevant amendments, including AMs 263 (Schwab),

258 (Niebler), 264 (Reda), 260 (Le Grip), 265 (Voss/Maydell), 266 (Gebhardt et al.), 267

(Guoga), 268 (Zullo)

(33) Without prejudice to the fundamental rights to the protection of private life,

including confidentiality of communications, and the protection of personal data of

the consumer, the consumer should cooperate with the supplier trader in order to

allow the supplier trader to ascertain the consumer's digital environment with the use

of the least intrusive means which are at the disposal of both parties in the

circumstances, with the aim of determining whether the lack of conformity existed at

the time of the supply of the digital content or digital service This may often be done

for instance by providing the supplier trader with automatically generated incident

reports or details of the consumer's internet connection. Only in exceptional and duly

justified circumstances where with the best use of all other means there is no other

way possible, this may also be done by allowing virtual access to the consumer's

digital environment. However, where the consumer does not cooperate with the

supplier trader, it should be for the consumer to prove that the digital content or

digital service is not in conformity with the contract, provided that the consumer was

informed about this consequence.

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12. Compromise amendments on the remedy for failure to supply (Article

11; recital 35)

CA 61 on Article 11


Compromise amendment replacing all relevant amendments, including AM 687 (Reda), AM

688 (Voss, Maydell), AM 689 (Karas), AM 690 (Voss, Maydell), AM 691 (Guoga), AM 692

(Zullo), AM 693 (Gebhardt), AM 694 (Cavada), AM 695 (Gebhardt et al.), AM 696 (Voss,

Maydell), AM 697 (Gebhardt, Tarabella, Regner), AM 698 (Voss, Maydell).

Article 11

Remedy for the failure to supply

1. Where the supplier trader has failed to supply the digital content or digital service in

accordance with Article 5, the consumer shall call upon the trader to supply the digital

content or digital service. If the trader fails to supply the digital content or digital service

without undue delay, or within an additional period of time as expressly agreed to by the

parties, the consumer shall be entitled to terminate the contract immediately under Article

13.

2. The first paragraph shall not apply:

(a) where the trader has refused to supply the digital content or digital services; or

(b) where supply within the agreed period is essential taking into account all the

circumstances attending the conclusion of the contract or where the consumer informs the

trader, prior to the conclusion of the contract, that supply by or on a specified date is

essential.

In those cases, if the trader fails to supply at the relevant time pursuant Article 5(2), the

consumer shall be entitled to terminate the contract immediately.

3. Where the consumer terminates the contract, Articles 13, 13a, 13b and 13c shall apply.

CA 62 on recital 35


Compromise amendment replacing all relevant amendments, including AM 278 (Reda), AM

279 (Voss, Maydell), AM 280 (Gebhardt et al.), AM 281 (Buda), AM 282 (Zullo).

(35) A failure of Where the supplier trader fails to supply the digital content or digital

services to the consumer in accordance with the contract is a serious breach of the main

contractual obligation of the supplier, which the consumer should call upon the trader to

145 \ 168

make the supply. Any failure to supply the digital content or digital service without undue

delay should allow the consumer to immediately terminate the contract, unless the parties

expressly agree to an additional period of time for the supply of the digital content or

digital service. Where the supplier trader has initially not failed to supply the digital content

or digital services, interruptions of the supply making the digital content or digital services

not available or accessible to the consumer over a short period of time should be treated as

non-conformity with the contract, and not a failure to supply. In particular, the requirement of

proper continuity of the digital content or digital services should also cover more than

negligible short term interruptions of the supply.

146 \ 168

13. Compromise amendments on remedies for the lack of conformity

(Article 12, Article 2(11a) and recitals 36 and 37; Article 3(9) and recital

10)

CA 63 on Article 12


Compromise amendment replacing all relevant amendments, including AM 700 (Gebhardt et

al.), AM 701 (Reda), AM 702 (Zullo), AM 703 (Reda), AM 704 (Mizzi), AM 705 (Voss,

Maydell), AM 706 (Gebhardt et al.), AM 707 (Zullo), AM 708 (Voss, Maydell), AM 709

(Gebhardt et al.), AM 710 (Reda), AM 711 (Zullo), AM 712 (Niebler), AM 713 (Reda), AM

714 (Gebhardt et al.), AM 715 (Schwab), AM 716 (Zullo), AM 717 (Voss, Maydell), AM

718 (Kallas, Charanzova), AM 719 (Reda), AM 720 (Voss, Maydell), AM 721 (Schwab),

AM 722 (Gebhardt et al.), AM 723 (Zullo), AM 724 (Karas), AM 725 (Reda), AM 726

(Voss, Maydell), AM 727 (Gebhardt et al.), AM 728 (Rozière), AM 729 (Zullo), AM 730

(Voss, Maydell), AM 731 (Schwab), AM 732 (Gebhardt et al.), AM 733 (Zullo), AM 734

(Reda), AM 735 (Voss, Maydell), AM 736 (Schwab), AM 737 (Gebhardt et al.), AM 738

(Reda), AM 739 (Voss, Maydell), AM 740 (Gebhardt et al.), AM 741 (Reda), AM 742 (Voss,

Maydell), AM 743 (Reda), AM 744 (Gebhardt et al.), AM 745 (Voss, Maydell), AM 746

(Gebhardt et al.), AM 747 (Voss, Maydell), AM 748 (Reda), AM 749 (Zullo), AM 750

(Gebhardt et al.), AM 751 (Comi et al.), AM 752 (Schwab), AM 753 (Reda), AM 754 (Voss,

Maydell), AM 755 (Gebhardt et al.), AM 756 (Reda), AM 757 (Rozière), AM 758 (Voss,

Maydell), AM 759 (Kallas, Charanzova), AM 760 (Collin-Langen), AM 761 (Le Grip), AM

762 (Zullo), AM 766 (Voss, Maydell), AM 767 (Zullo), AM 769 (Gebhardt et al.), 36 LIBE,

37 LIBE.

Article 12

Remedies for the lack of conformity with the contract

-1. In the case of a lack of conformity with the contract, the consumer shall be

entitled to have the digital content or digital service brought into conformity, or to

receive a proportionate reduction in the price, or to terminate the contract under

the conditions set out in this Article.

1. In the case of a lack of conformity with the contract, tIn the , first place case of a

lack of conformity with the contract, the consumer shall be entitled to have the

digital content or digital service brought into conformity with the contract free of

charge, unless this is impossible, disproportionate or unlawful.

Bringing the digital content or digital service into conformity with the contract shall

be deemed to be disproportionate in particular where the costs it imposes imposed

on the supplier trader are unreasonable. The following shall be taken into account

when deciding whether the costs are unreasonable:

147 \ 168

(a) the value the digital content or digital service would have if it were in

conformity with the contract; and

(b) the significance of the lack of conformity with the contract for attaining the

purpose for which the digital content or a digital service of the same

description would normally be used.

2. The supplier trader shall bring the digital content or digital service in conformity

with the contract pursuant to paragraph 1 within a reasonable time from the time the

supplier trader has been informed by the consumer about the lack of conformity

with the contract, free of charge and without any significant inconvenience to the

consumer, taking account of the nature of the digital content or the digital service

and the purpose for which the consumer required this digital content or digital

service.

The consumer shall be entitled to withhold the payment of any outstanding part of

the price, or where the lack of conformity is minor, of an appropriate proportion

thereof, until the trader has brought the digital content or digital service into

conformity with the contract.

3. The consumer shall be entitled to either a proportionate reduction of the price in the

manner set out in paragraph 4 where the digital content or the digital service is

supplied in exchange for a payment of a price, or may terminate the contract under

paragraph 5 and Articles 13, 13a, 13b and 13c where

(a) the remedy to bring the digital content or digital service in conformity is

impossible, disproportionate or unlawful, in accordance with paragraph 1;

(b) the supplier trader has not completed the remedy within the time specified

brought the digital content or digital service in conformity in accordance

with paragraph 2;

(ba) a lack of conformity appears despite the trader’s attempt to bring the digital

content or digital service in conformity; or

(c) the remedy to bring the digital content in conformity would cause significant

inconvenience to the consumer; or

(d) the supplier trader has declared, or it is equally clear from the circumstances,

that the supplier trader will not bring the digital content or digital service in

conformity with the contract within a reasonable time or without significant

inconvenience for the consumer.

4. The consumer shall exercise the right to a proportionate reduction of the price by

means of an unequivocal statement setting out his decision, notified to the trader. The reduction in price shall be proportionate to the decrease in the value of the

digital content or digital service which was received by the consumer compared to

the value of that the digital content or digital service would have if it was that is in

conformity with the contract.

148 \ 168

Where the contract stipulates that the digital content or digital service is to be

supplied over a period of time in exchange of the payment of a price, and for a

certain period the digital content or digital service did not conform to the contract,

the price reduction shall apply to the period during which the digital content or

digital service has not been in conformity with the contract.

5. The consumer may terminate the contract only if the lack of conformity with the

contract is not minor impairs functionality, interoperability and other main

performance features of the digital content or digital service such as its accessibility,

continuity and security where required by Article 6 paragraphs (1) and (2). The

burden of proof that the lack of conformity with the contract does not impair

functionality, interoperability and other main performance features of the digital

content or digital service shall be on the supplier trader.

5a. The consumer shall not be entitled to a remedy to the extent that the consumer has

contributed to the lack of conformity with the contract or its effects.

CA 64 on Article 2, point 11a (new), definition of ‘minor lack of conformity’


11a. ‘minor lack of conformity’ means a lack of conformity that is not impairing the

functionality, interoperability and other main performance features of the digital

content or digital service such as its accessibility, continuity and security where

required by paragraphs 1 and 2 of Article 6.

CA 65 on recital 36


Compromise amendment replacing all relevant amendments, including AM 283 (Gebhardt et

al.), AM 284 (Rozière), AM 285 (Reda), AM 286 (Voss, Maydell), AM 287 (Buda), AM 288

(Zullo), AM 289 (Voss, Maydell), AM 290 (Gebhardt et al.)

(36) In the case of non-conformity with the contract, consumers should as a first step be

entitled to have the digital content or digital service brought to into conformity with the

contract. Depending on technical characteristics of the digital content or digital service, the

supplier trader may select a specific way of bringing the digital content or digital service to

conformity with the contract, for example by issuing updates or requiring the consumer to

access a new copy of the digital content. To avoid any significant inconvenience for the

consumer, the trader should not be entitled to make more than one attempt to rectify the

same defect. Given the diversity of digital content and digital services, it is not appropriate to

set fixed deadlines for the exercise of rights or the fulfilling of obligations related to that

digital content or digital service. Such deadlines may not capture this diversity and be either

too short or too long, depending on the case. It is therefore more appropriate to refer to

reasonable deadlines. The reasonable time for bringing the digital content or digital service

in conformity with the contract should be objectively ascertained, having regard to the

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nature of the digital content or service and the lack of conformity. The digital content or

digital service should be brought into conformity with the contract within a reasonable time

and free of any costs; in particular the consumer should not incur any costs associated with

the development of an update for the digital content.

CA 66 on recital 37


Compromise amendment replacing all relevant amendments, including AM 291 (Rozière),

AM 292 (Collin-Langen), AM 293 (Voss, Maydell), AM 294 (Gebhardt et al.), AM 295

(Cavada), AM 296 (Dzhambazki), AM 297 (Kallas, Charanzova), AM 298 (Zullo), AM 299

(Reda), AM 300 (Le Grip), LIBE 10

(37) As a second step, the consumer should be entitled to have the price reduced or the

contract terminated. The right of a consumer to have the contract terminated should be

limited to those cases where for instance bringing the digital content or digital service into to

conformity is not possible and the non-conformity impairs the main performance features of

the digital content or digital service. In the case of contracts concluded by digital means,

the trader should provide the consumer with an easy digital means to terminate the

contract, for instance, an online form. Where the consumer terminates the contract, the

supplier trader should reimburse the price paid by the consumer or, where the digital content

is supplied not in exchange for a price but against access to data provided by the consumer,

the supplier should refrain from using it, from transferring that data to third parties or

allowing third parties to access it after termination of the contract. Fulfilling the obligation to

refrain from using data should mean in the case when the counter-performance consists of

personal data, that the supplier should take all measures in order to comply with data

protection rules by deleting it or rendering it anonymous in such a way that the consumer

cannot be identified by any means likely reasonably to be used either by the supplier or by

any other person. Without prejudice to obligations of a controller under Directive 95/46/EC

the supplier should not be obliged to undertake any further steps in relation to data which the

supplier has lawfully provided to third parties in the course of the duration of the contract for

the supply of the digital content.

Hidden defects and short-term right to reject

CA 67 on Article 3(9)

Supported by EPP, S&D, ECR, GUE, Greens, EFDD

Compromise amendment replacing all relevant amendments, including AM 42 (draft report),

AM 507 (Buda), AM 508 (Maydell), AM 782 (Anderson et al.)

9. In so far as not regulated in this Directive, tThis Directive shall not affect national

general contract laws such as rules on the formation, the validity or effects of

contracts, including the consequences of the termination of a contract, in so far as

they are not regulated in this Directive. This Directive shall not affect national rules

150 \ 168

on remedies for ‘hidden defects’ or the short-term right to reject. Member States

may maintain or introduce national rules on remedies for ‘hidden defects’. Member

States may maintain national rules on the short-term right to reject, where available

in Member States’ legal orders on the date of entry into force of this Directive.

CA 68 on recital 10

Supported by EPP, S&D, GUE, Greens, EFDD

Compromise amendment replacing all relevant amendments, including AM 150 (Anderson et

al.), AM 151 (Marias), AM 152 (Voss/Maydell)

(10) This Directive should not affect national laws to the extent that the topics concerned

are not regulated by this Directive, such as national rules providing for obligations of

the consumer towards the supplier of digital content or regulating the qualification,

formation and validity of contracts or the legality of the content. Member States

should also remain free to provide rules for the detailed conditions for the exercise of

rights, such as the right to damages to the extent not covered by the Directive, or rules

which provide for the consequences of termination of the contract which apply in

addition to restitution rules regulated by this Directive. Member States should be

allowed to maintain or introduce national rules on remedies for ‘hidden defects’.

Member States should be allowed to maintain national rules on the short-term right

to reject where available in Member States’ legal orders on the date of entry into

force of this Directive.

151 \ 168

14. Compromise amendments on termination (Articles 13, 13a, 13b and

13c)

CA 69 on Articles 13, 13a, 13b and 13c, termination


Compromise amendment replacing all relevant amendments, including: AMs 770, 772, 786,

789, 801, 813, 815, 824, 830, 836, 839, 841, 845, 851 (Gebhardt et al.), 771, 781, 796, 808,

827, 833, 838, 843 (Zullo), 773 (Buda), 774, 826 (Kallas/Charanzová), 775, 791, 807, 814,

816, 817 (Dalton/Ford), 776, 795, 806 (Dzhambazki), 777, 809 (Charanzová), 778, 787, 792,

800, 828, 842 (Guoga), 779, 784, 825, 832, 834, 840, 846, 850 (Voss/Maydell), 780, 788

(Niebler), 783 (Dalton/Ford/Van Bossuyt), 790, 804, 812, 819, 821, 823, 829, 835 (Reda),

793, 803 (Kallas, Cavada, Charanzová), 794, 811 (Collin-Langen), 797, 805 (Rozière), 798

(Mizzi), 799, 820 (Schwab), 802 (Cavada), 810 (Le Grip), 818 (De Jong), 831, 837

(Comi/Gardini/Maullu), 844 (Karas), 38 LIBE, 39 LIBE.

Article 13

Exercise of the right of termination

1. The consumer shall exercise the right to terminate the contract by notice means of

an unequivocal statement setting out his decision to terminate the contract,

notified to the supplier trader given. In case, or in any event of contracts concluded

by digital means, the trader shall provide the consumer with an easy digital means

to terminate the contract. The termination shall become effective 14 days after the

notification, or a later date indicated by the consumer.

Article 13a

Obligations of the trader in the event of termination

2.1. Where the consumer terminates In the event of termination of the contract:

(a) the supplier trader shall reimburse to the consumer the price all sums paid under

the contract. without undue delay and in any event not later than 14 days from

receipt of the notice;.

In case the contract provides for the supply of digital content or a digital service in

exchange for a payment of a price and over a period of time, where the consumer

terminates a part of such contract in accordance with [paragraph 5 of Article 12],

the trader shall reimburse to the consumer the part of the price corresponding to

the period of time during which the digital content or digital service was not in

conformity with the contract and any part of the price paid by the consumer in

advance for any remaining period of the contract had it not been terminated.

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1a. In respect of personal data of the consumer, the trader shall comply with the

obligations applicable under Regulation (EU) 2016/679.

2. (b) The trader shall take all measures which could be expected in order to refrain

from the use of any user-generated content to the extent that it does not constitute

personal data, the counter-performance other than money which was provided or

created by the consumer has provided in exchange for when using the digital

content or digital service supplied by the trader, and any other data collected by the

supplier in relation to the supply of the digital content including any content

provided by the consumer with the exception of:

(a) the content that cannot be refrained from using without disproportionate

and unreasonable effort because it has no utility outside the context of the

digital content or digital service supplied by the trader,

(b) the content that cannot be refrained from using without disproportionate

and unreasonable effort because it only relates to the consumer’s activity

when using the digital content or digital service supplied by the trader,

(c) the content which has been generated jointly by the consumer and others,

when other consumers can who continue to make use of the content;

(d) the content that has been aggregated with other data by the trader and

cannot be disaggregated or only with disproportionate efforts.

3. (c) The supplier trader shall, upon request by the consumer, provide shall make

available to the consumer with technical means to retrieve all any user-generated

content to the extent that it does not constitute personal data, which was provided

or created by the consumer and any other data produced or generated through the

consumer's use of when using the digital content or digital service supplied by the

trader to the extent that data has been retained by the supplier. The consumer shall

be entitled to retrieve the content free of charge, without significant inconvenience,

in reasonable time and in a commonly used and machine-readable data format;.

The obligation to make available such user-generated content shall not apply in

case the user-generated content:

(a) cannot be made available without disproportionate and unreasonable effort

because it has no utility outside the context of the digital content or digital

service supplied by the trader,

(b) cannot be made available without disproportionate and unreasonable effort

because it only relates to the consumer’s activity when using the digital

content or digital service supplied by the trader, or

(c) has been aggregated with other data by the trader and cannot be

disaggregated or only with disproportionate efforts

(d) where the digital content was not supplied on a durable medium, the consumer

shall refrain from using the digital content or making it available to third parties,

in particular by deleting the digital content or rendering it otherwise

unintelligible;

153 \ 168

(e) where the digital content was supplied on a durable medium, the consumer shall:

(i) upon the request of the supplier, return, at the supplier's expense, the

durable medium to the supplier without undue delay, and in any event

not later than 14 days from the receipt of the supplier's request; and

(ii) delete any usable copy of the digital content, render it unintelligible or

otherwise refrain from using it or making it available to third parties.

3.4. Upon termination, the supplier trader may prevent any further use of the digital

content or digital service by the consumer, in particular by making rendering the

digital content or digital service not inaccessible to the consumer or disabling the

user account of the consumer, without prejudice to point (c) of paragraph 23.

Article 13b

Obligations of the consumer in the event of termination

1. After termination of the contract, the consumer shall refrain from using the digital

content or digital service and from making it available to third parties, for instance

by deleting the digital content or any usable copy or rendering the digital content or

digital service otherwise inaccessible.

2. In case of embedded digital content or an embedded digital service, the consumer

shall, upon the request of the trader, return, at the trader’s expense, the good in

which the digital content or digital service is embedded to the trader without undue

delay, and in any event not later than 14 days from the receipt of the trader’s

request. If the trader decides to request the return of the good in which the digital

content or digital service is embedded, that request shall be made within 14 days

from the day on which the trader is informed of the consumer’s decision to

terminate the contract.

4.3 The consumer shall not be liable to pay for any use made of the digital content or

digital service in the period prior to the termination of the contract during which the

digital content or the digital service was not in conformity.

5. Where the digital content has been supplied in exchange for a payment of a price

and over the period of time stipulated in the contract, the consumer may terminate

the contract only in relation to that part of the period of time where the digital

content has not been in conformity with the contract.

6. Where the consumer terminates a part of the contract in accordance with paragraph

5, paragraph 2 shall apply, with the exception of point (b) in regards to the period

during which the digital content was in conformity with the contract. The supplier

shall reimburse to the consumer the part of the price paid corresponding to the

period of time when the digital content was not in conformity with the contract.

154 \ 168

Article 13c

Time limits and means of reimbursement by the trader

1. Any reimbursement to be done by the trader to the consumer pursuant to [Article

12(4) or 13a(1)] due to price reduction or termination of the contract shall be done

without undue delay and in any event within 14 days from the day on which the

trader is informed by means referred to in Articles 12 and 13 of the consumer’s

decision to invoke his right for a price reduction or his right to terminate the

contract.

2. The trader shall carry out the reimbursement using the same means of payment as

the consumer used to pay for the digital content or digital service, unless the

consumer expressly agrees otherwise.

3. The trader shall not impose any fee on the consumer in respect of the

reimbursement.

CA 70 on recital 15


Compromise amendment replacing all relevant amendments, including: AM 198 (Kallas,

Charanzova), AM 199 (Reda), AM 200 (Marias), AM 201 (Guoga)

(15) Content generated by consumers should be treated on the same basis as any other

digital content or digital services that the consumer provides or stores throughout the

period of duration of the contract such as music and video files, pictures, games or

applications, unless specifically provided for in this Directive. Content generated by

consumers comprises a wide range of examples including digital images, video and

audio files, blogs, discussion forums, text-based collaboration formats, posts, chats,

tweets, logs, podcasting, content created on mobile devices, content created in the

context of online virtual environments, ratings and collections of links referring to

online content.

CA 71 on recital 38


Compromise amendment replacing all relevant amendments, including: AMs 304 (Reda), 305

(Dalton, Ford), 306 (Kallas, Charanzová), 307 (Gebhardt et al.), 308 (Cavada), 11 LIBE.

(38) Upon termination the suppliertrader should refrain from using the content generated

by the consumer. However, in those cases where more than one consumer generated

particular content and other consumers can continue to make use of it, or the user-

generated content either has no utility outside the eco-system or only relates to the

consumer’s activity, or has been aggregated with other data by the trader and cannot be

disaggregated or only with disproportionate efforts, the supplier trader is entitled to

155 \ 168

continue to use the content generated by the consumer. This includes individual content

contributions by a consumer to a collaborative project that other consumers continue to

make use of, which should be reusable by the trader under the conditions under which they

were originally provided by the consumer also after the contract is terminated.

CA 72 on recital 39


Compromise amendment replacing all relevant amendments, including: AMs 311 (Kallas,

Charanzová), 312 (Dalton, Ford), 313 (Cavada), 314 (Buda), 315 (Dzhambazki), 316 (Zullo),

317 (Rozière), 12 LIBE.

(39) In order to ensure that the consumer benefits from effective protection in relation to

the right to terminate the contract, the suppliertrader should allow the consumer to retrieve

all data uploaded by the consumer, produced by the consumer with the use of the digital

content or the digital service or generated through the consumer's use of the digital content or

the digital service. This obligation should extend to data which the suppliertrader is obliged

to retain under the contract for the supply of the digital content or the digital service as well

as to data which the supplier has effectively retained in relation to the contract.

CA 73 on recital 40


Compromise amendment replacing all relevant amendments, including: AMs 318 (Voss,

Maydell), 319 (Kallas, Charanzová), 320 (Dzhambazki)

(40) Where, fFollowing the termination of the contract because of a lack of conformity

with the contract, the supplier trader should make available to provides the consumer any

user-generated content not constituteing personal data, unless such content has no utility

outside the context of the digital content or digital service supplied by the trader, only

relates to the consumer’s activity when using the digital content or digital service supplied

by the trader, or has been aggregated with other data by the trader and cannot be

disaggregated or only with disproportionate efforts. with the technical means to retrieve the

data, tThe consumer should be entitled to retrieve the content data free of any costs, and for

example the cost of employing in a commonly used and machine-readable data format. with

the exception of costs generated by the consumer's own digital environment including the

costs of a network connection as they are not specifically linked with the retrieval of the data.

CA 74 on recital 41

Supported by EPP, S&D, ECR, ALDE, GUE, Greens,

Compromise amendment replacing all relevant amendments, including: AMs 321 (Niebler),

322 (Buda), 323 (Voss, Maydell), 324 (Zullo)

156 \ 168

(41) Where the contract is terminated, the consumer should not be required to pay for the

use of digital content or a digital service which that is not in conformity with the contract

because that would deprive the consumer of effective protection.

CA 75 on recital 42

Supported by EPP, S&D, ECR, ALDE, GUE, Greens,

Compromise amendment replacing all relevant amendments, including: AMs 325 (Buda),

326 (Gebhardt et al.), 327 (Zullo), 328 (Voss, Maydell)

(42) Considering the need to balance legitimate interests of consumers and suppliers

traders, where the digital content or the digital service provided over a period of time in

exchange for a payment of a price, gives rise to the right to terminate, the consumer should be

entitled to terminate only the part of the contract which corresponds to the period of time

when the digital content or the digital service was not in conformity with the contract.

However where the digital content is provided against a counter-performance other than

money partial termination is not feasible because it is impossible to proportionally apportion

a counter-performance other than money.

157 \ 168

15. Political agreement not to include the commercial guarantee on lifespan

in the Digital Content proposal

Political agreement not include the commercial guarantee on lifespan in the Digital Content

proposal, without prejudice to the political negotiations within the framework of the Sales of

Goods proposal:


This entails that AM 635 will not be supported

158 \ 168

16. Compromise amendements on damages (Article 14 and recital 44)

CA 76 on Article 14


Compromise amendment replacing all relevant amendments, including AM 855 (Voss,

Maydell), AM 856 (Collin-Langen), AM 857 (Gebhardt et al.), AM 858 (Buda), AM 859

(Schwab), AM 860 (Zullo), AM 861 (Guoga), AM 862 (Dalton, Ford), AM 863 (Cavada),

AM 864 (Rozière), AM 865 (Reda), AM 866 (Reda), AM 867 (Rozière), AM 868 (Le Grip),

AM 869 (Rozière), AM 870 (Gebhardt et al.), 40 LIBE, 41 LIBE.

Article 14

Right to damages

1. The supplier shall be liable to the consumer for any economic damage to the digital

environment of the consumer caused by a lack of conformity with the contract or a failure to

supply the digital content. Damages shall put the consumer as nearly as possible into the

position in which the consumer would have been if the digital content had been duly supplied

and been in conformity with the contract. Member States shall ensure that the consumer is

entitled to claim compensation for the damages caused by a failure to supply the digital

content or digital service or a lack of conformity of the digital content or digital service

with the contract.

2. The Member States shall lay down detailed rules for the exercise of the right to

damages.

CA 77 on recital 44


Compromise amendment replacing all relevant amendments, including AM 336 (Voss,

Maydell), AM 337 (Reda), AM 338 (Buda), AM 339 (Gebhardt et al.), AM 340 (Guoga),

AM 341 (Zullo), AM 342 (Guoga), 13 LIBE.

(44) The principle of the supplier trader's liability for damages is an essential element of

the contracts for supply of digital content or digital service. In order to increase consumers'

trust in digital content this principle should thus be regulated at Union level to ensure that

consumers do not suffer a detriment if their hardware or software is damaged by digital

content which is not in conformity with the contract. Therefore, the consumer should be

entitled to claim for a compensation for damages caused to the consumer’s digital

environment by a lack of conformity with the contract or a failure to supply the digital

content. However, if the existence of such a right to claim damages should be ensured in

all Members States, it should not be regulated at Union level and should be determined by

national law. it should be for Member States to lay down the detailed conditions for the

exercise of the right to damages while taking into account that discounts on prices for future

159 \ 168

supplies of the digital content, especially when offered by suppliers as an exclusive

compensation for losses, do not necessarily put the consumer as nearly as possible into the

position in which the consumer would have been if the digital content had been duly supplied

and been in conformity with the contract.

17. Compromise amendment on modification of digital content (Article 15

and recitals 45 and 45a (new))

CA 78 on Article 15


Compromise amendment replacing all relevant amendments, including: AMs 61, 62, 63, 64,

65, 66, 67, 68 draft report (Gebhardt/Voss); AMs 873, 877, 898, 902 (Zullo), 874, 875, 881,

883, 887, 891, 896, 897 (Maydell), 876, 894, 903 (Reda), 878, 888, 905 (Kallas/Charanzová),

879 (Le Grip), 880, 882, 885, 889, 895 (Rozière), 884, 890, 899 (Guoga), 886, 901

(Dalton/Ford), 892 (Schwab), 893 (Dzhambazki), 900 (Maydell/Thun), 904 (Collin-Langen),

906 (Gebhardt et al.), 42 LIBE, 43 LIBE, 44 LIBE, 45 LIBE.

Article 15

Modification of the digital content or digital service

1. Where the contract provides that the digital content or the digital service shall is to

be supplied or made accessible over the a period of time stipulated in the contract,

the supplier trader may only alter the functionality, interoperability and other main

performance features of the digital content or digital service beyond what is

necessary to maintain in conformity the digital content or digital service in

accordance with Article 6a such as its accessibility, continuity and security, to the

extent those alternations adversely affect access to or use of the digital content by

the consumer, only if:

(a) the contract so stipulates allows for and gives a valid reason for such a

modification;

(aa) such a modification can reasonably be expected by the consumer;

(ab) the modification is provided without additional cost for the consumer; and

(b) the trader notifies the consumer is notified reasonably in advance of the

modification, in a clear and comprehensible manner and on a durable

medium of the modification and, where applicable, of his right to terminate

the contract under the conditions provided in paragraph 1a by an explicit

notice on a durable medium;

(c) the consumer is allowed to terminate the contract free of any charges within no

less than 30 days from the receipt of the notice; and

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(d) upon termination of the contract in accordance with point (c), the consumer is

provided with technical means to retrieve all content provided in accordance

with Article 13(2)(c).

1a. The consumer shall be entitled to terminate the contract if the modification

negatively impacts the access to or the use of the digital content or digital service by

the consumer, unless such negative impact is only minor. In this case, the

consumer shall be entitled to terminate the contract free of charge within 30 days

from the receipt of the notice or from the time when the digital content or digital

service is altered by the trader, whichever is later.

2. Where the consumer terminates the contract in accordance with paragraph 1a, where

relevant, Articles 13, 13a and 13b shall apply accordingly.

(a) the supplier shall reimburse to the consumer the part of the price paid

corresponding to the period of time after modification of the digital content;

(b) the supplier shall refrain from the use of the counter-performance other than

money which the consumer has provided in exchange for the digital content

and any other data collected by the supplier in relation to the supply of the

digital content including any content provided by the consumer.

CA 79 on recitals 45 and 45a (new)



(Kallas/Charanzová), 344 (Gebhardt et al.), 345 (Voss/Maydell), 346 (Zullo), 347

(Dzhambazki), 348 (Le Grip)

(45) Due to technological or other reasons the The supplier trader might should be

compelled allowed under certain conditions to change modify main performance

features of the digital content or digital service supplied over a period of time, such

as its accessibility and continuity provided the contract gives a valid reason for such

a modification. Such valid reasons could encompass cases where the modification

is necessary to adapt the digital content or digital service to a new technical

environment or to an increased number of users or for other important operational

reasons. These changes are often to the advantage of the consumer as they improve

the digital content or digital service. Consequently, the parties to the contract may

include respective clauses in the contract which allow the supplier trader to undertake

modifications. However, where such modifications negatively affect the way the

consumer benefits from main performance features of the digital content or digital

service, they may disturb the balance of the contract or the nature of the performance

due under the contract to an extent that the consumer may not have concluded such a

contract. Therefore, in such cases these modifications should be subject to certain

conditions. In order to balance consumer and business interests, such a possibility

offered to the trader should be coupled with a right of the consumer to terminate

161 \ 168

the contract where these modifications negatively impact the use of or access to the

digital content or digital service in a more than only minor manner. To what extent

modifications negatively impact the use of or access to the digital content or digital

service by the consumer should be objectively ascertained having regard to the

nature and purpose of the digital content or digital service and to the quality,

functionality, interoperability and other main features which are normal in digital

content or a digital service of the same type. The rules concerning such updates,

upgrades or similar modifications should however not concern situations where, for

instance as a consequence of distributing a new version of the digital content or

digital service, the parties conclude a new contract for the supply of the digital

content or digital service.

(45a) Where such a modification negatively impacts the access or use of the digital

content or digital service by the consumer, the consumer should enjoy as a result of

such a modification the right to terminate the contract free of any cost. Where the

conditions under which the modification is allowed are not satisfied, the

consumer’s rights to remedies for the lack of conformity remain unprejudiced.

Similarly, where, subsequently to a modification a lack of conformity of the digital

content or digital service occurs that has not been caused by the modification, the

consumer should continue to be entitled to rely on remedies for the lack of

conformity in relation to this digital content or digital service as provided for in this

Directive.

162 \ 168

18. Compromise amendments on long-term contracts (Article 16 and

recital 46)

CA 80 on Article 16

Supported by EPP, S&D, ALDE, GUE, Greens, EFDD


(Voss/Maydell), 908-909-919-926-932-958 (Schwab), 910 (Cavada), 911-922-937-946

(Dzhambazki), 912 (Jaakonsaari), 913 (Juvin), 914-936-947 (Dalton/Ford), 915-929-938-

949-954-960 (Zullo), 916-930-950 (Rozière), 917-935-944-953-955-957 (Reda), 918-923-

928-933-940-943-961 (Gebhardt et al.), 920-941-945-959 (Kallas/Charanzová), 921-948

(Charanzová), 924 (Niebler), 925-931-934-942-952-956-962 (Guoga), 927 (Le Grip), 939-

951 (Collin-Langen), 46 LIBE, 47 LIBE

Article 16

Right to terminate long term contracts

1. Where the contract provides for the supply of the digital content or digital service

for an indeterminate period or where the initial fixed contract duration exceeding 12

months or where any combination of subsequent contracts or renewal periods

exceed exceeds 12 months from the moment of conclusion of the initial contract,

the consumer shall be entitled to terminate the contract free of any additional

charges any time after the expiration of the first 12 months period.

1a. Where the consumer terminates a fixed term contract and the contract duration or

any combination of renewal periods exceed 12 months, the trader shall be entitled

to proportionate compensation for those advantages he has given to the consumer

because of the contract duration exceeding 12 months.

Before the consumer is bound by a contract, or any corresponding offer, the trader

shall provide the consumer with information on the conditions for terminating a

contract with a duration of more than 12 months in a clear and comprehensible

manner, if that information is not already apparent from the context, and on the

consequences of early termination in case an advantage had been granted to the

consumer because of the duration of the contract.

2. The consumer shall exercise the right to terminate the contract by notice to the

supplier trader given by any means of an unequivocal statement setting out his

decision to terminate the contract. The termination shall become effective 14 days

after the receipt of the notice, or a later date indicated by the consumer.

3. Where the digital content or digital service is supplied in exchange for a payment of

a price, the consumer remains liable to pay the part of the price for the digital

content or digital service supplied corresponding to the period of time before the

termination becomes effective.

163 \ 168

4. When the consumer terminates the contract in accordance with this Article : the

trader shall in respect of personal data comply with the obligations applicable

under Regulation 2016/679 and Directive 2002/58/EC.

(a) the supplier shall take all measures which could be expected in order to refrain from

the use of other counter-performance than money which the consumer has provided in

exchange for the digital content and any other data collected by the supplier in relation to the

supply of the digital content including any content provided by the consumer;

(b) the supplier shall provide the consumer with technical means to retrieve all any

content provided by the consumer and any other data produced or generated through the

consumer's use of the digital content to the extent this data has been retained by the supplier.

The consumer shall be entitled to retrieve the content without significant inconvenience, in

reasonable time and in a commonly used data format; and

4a. Where applicable, the consumer shall delete any usable copy of the digital content or

digital service, render it unintelligible or otherwise refrain from using it including by

making it available to a third party.

5. Upon termination, the supplier trader may prevent any further use of the digital

content or digital service by the consumer, in particular by making the digital

content or digital service not accessible to the consumer or disabling the user

account of the consumer.

CA 81 on recital 46

Supported by EPP, S&D, ALDE, GUE, Greens, EFDD


(Voss/Maydell), 350 (Dzhambazki), 351 (Marias), 352 (Zullo), 353 (Reda),

(46) Competition is an important element for a well-functioning digital single market. In

order to stimulate such a competition, consumers should be enabled to respond to competitive

offers and to switch between suppliers traders. In order to make this work in practice, they

should be able to do so without being hindered by legal, technical or practical obstacles,

including contractual conditions or lack of means for retrieving all data uploaded by the

consumer, produced by the consumer with the use of the digital content or generated through

the consumer's use of the digital content. However, it is also important to protect existing

investments and the trust in concluded contracts. Therefore consumers should be given the

right to terminate long-term contracts under certain balanced conditions. This does not

preclude that consumer contracts may be concluded for longer contractual periods. Any

advantages resulting from the conclusion of contracts exceeding 12 months should be

reimbursed proportionately in case of an earlier termination. The trader should provide

information about the conditions and consequences for early termination of fixed-term

contracts exceeding 12 months. However, the consumer should be entitled to terminate any

contractual relation that altogether lasts for a period longer than exceeding 12 months. In

order to prevent any circumvention of this right it should cover any contract which results in

the consumer being bound by the contract for more than exceeding 12 months, irrespective of

164 \ 168

whether the contract is of indeterminate has an initial fixed duration exceeding 12 months or

is extended automatically or following a combination of a subsequent agreement by the

parties contracts or renewal periods exceeding 12 months.

19. Compromise amendments on right of redress (Article 17 and recital 47)

CA 82 on Article 17: right of redress


Compromise amendment replacing all relevant amendments, including: AM 963 (De Jong),

AM 964 (Gebhardt et al.), AM 965 (Voss, Maydell), AM 966 (Zullo), AM 967 (Reda), AM

968 (Anderson et al.)

Article 17

Right of redress

Where the supplier trader is liable to the consumer because of any failure to supply the

digital content or digital service or a lack of conformity with the contract resulting from an

act or omission by a person in earlier previous links of the chain of transactions, the supplier

trader shall be entitled to pursue remedies against the person or persons liable in the chain of

financial transactions. The person against whom the supplier trader may pursue remedies

and the relevant actions and conditions of exercise, shall be determined by national law.

CA 83 on recital 47: right of redress


Compromise amendment replacing all relevant amendments, including: AM 172 (Anderson

et al.), AM 354 (Reda), AM 355 (Voss, Maydell), AM 356 (Kallas, Charanzova)

(47) The lack of conformity with the contract of the final digital content or digital service

as supplied to the consumer is often due to one of the financial transactions in a

chain, from the original designer to the final supplier trader. While the final supplier

trader should be liable towards the consumer in case of lack of conformity with the

contract between these two parties, it is important to ensure that the supplier trader

has appropriate rights vis-a-vis different members of the chain of financial

transactions in order to be able to cover his liability towards the consumer. These

rights should be strictly limited to financial transactions and not extend to

situations where, for instance, the trader re-uses free third party software that the

trader did not pay for. However, it should be for the applicable national law to

identify the members of the chains of transactions against which the final supplier

trader can turn and the modalities and conditions of such actions. Member States

should ensure that national law adequately protects the trader when determining

the person against whom the trader may pursue remedies, the time periods and the

relevant actions and conditions of exercise.

165 \ 168

20. Compromise amendments on enforcement (Article 18 and recital 48)

CA 83bis on enforcement: Article 18



al.), AM 970 (Reda), AM 971 (Gebhardt et al.), AM 972 (Gebhardt et al.), AM 973

(Gebhardt et al.), AM 974 (Reda), LIBE 48, LIBE 49

Article 18

Enforcement and information

1. Member States shall ensure that adequate and, effective and dissuasive means exist

to ensure compliance with this Directive, taking account in particular of the need

for consumers to be informed about, and enabled to enforce, their rights in

practice.

2. The means referred to in paragraph 1 shall include provisions whereby one or more

of the following bodies, as determined by national law, may take action under

national law before the courts or before the competent administrative bodies to

ensure that the national provisions transposing this Directive are applied:

(a) public bodies or their representatives;

(b) consumer organisations having a legitimate interest in protecting consumers;

(c) professional organisations having a legitimate interest in acting.;

(d) not-for-profit bodies, organisations or associations, active in the field of the

protection of data subjects' rights as defined in Art. 80 of the Regulation

(EU) 2016/679.

CA 83ter on enforcement: recital 48


Compromise amendment replacing all relevant amendments, including: AM 358 (Marias)

(48) Persons or organisations regarded under national law as having a legitimate interest in

protecting consumer contractual and data protection rights should be afforded the right to

initiate proceedings, either before a court or before an administrative authority which is

competent to decide upon complaints or to initiate appropriate legal proceedings. These

complaints or proceedings should be sufficient as a deterent.

166 \ 168

21. Compromise amendments on Amendments to Directive 1999/44/EC,

Regulation (EC) No 2006/2004, Directive 2009/22/EC (Article 20 and recital

50)

CA 84 on Article 20


Compromise amendment replacing all relevant amendments, including: AM 976 (Vaidere),

AM 977 (Gebhardt et al.), AM 978 (Gebhardt et al.), AM 979 pc 1 (Reda), AM 980 pc 1

(Gebhardt et al.), AM 981 (Vaidere)

Article 20

Amendments to Directive 93/13/EC, Directive 1999/44/EC, Regulation (EC)

No 2006/2004, Directive 2009/22/EC

-1. In the Annex to Directive 93/13/EC, the following points are added in paragraph 1:

"(a) enabling the trader to unduly limit the interoperability of digital content or a digital

service with hardware and other digital content or digital services;

(b) requiring the consumer to conclude an additional contract for the supply of digital

content or a digital service or a contract pertaining to hardware with the trader or a third

party;

(c) circumventing by contractual means the rights of the data subject under Regulation

(EU) 2016/679 governing the protection of consumers' personal data."

(d) restrict uses of digital content permitted under Directive 2001/29/EC, Directive

96/9/EC, Directive 2009/24/EC or Directive 2012/28/EU; [DM2]

1. In Article 1 (2) of Directive 1999/44/EC, point (b) is replaced by the following:

"(b) consumer goods: shall mean any tangible movable item, with the exception of:

goods sold by way of execution or otherwise by authority of law,

water and gas where they are not put up for sale in a limited volume or set quantity,

electricity,

167 \ 168

a durable medium incorporating digital content where it has been used exclusively as

carrier of the digital content to the consumer as referred to in embedded digital

content or digital services as covered by Directive (EU) N/XXX4."

2. In the Annex to Regulation (EC) No 2006/2004, the following point is added:

"23.1. Directive (EU) N/XXX of the European Parliament and of the Council of XX/XX/201X

on certain aspects concerning contracts for the supply of digital content or digital services

(OJ…)"

3. In Annex I to Directive 2009/22/EC the following point is added:

"16. Directive (EU) N/XXX of the European Parliament and of the Council of XX/XX/201X

on certain aspects concerning contracts for the supply of digital content or digital services

(OJ…)"

CA 85 on Recital 50



al.), 360 (Rozière), AM 361 (Voss, Maydell)

(50) Directive 1999/44/EC of the European Parliament and of the Council[1] should be

amended to reflect the scope of this Directive in relation to a durable medium incorporating

digital content where it has been used exclusively as a carrier of the digital content to the

consumer embedded digital content or digital services.

[1] OJ L 171, 7.7.1999, p.12.

4 Directive (EU) N/XXX of the European Parliament and of the Council of …. on contracts for the supply of digital content (OJ …)

168 \ 168

22. Compromise amendment on review (Article 22)

CA 86 on review: Article 22



al.), AM 983 (Rozière), AM 984 (Kallas et al.), AM 985 (Ford/Dalton), AM 986 (Guoga),

AM 987 (Reda), LIBE 51

Article 22

Review

The Commission shall, not later than on [the date of five years after entry into force] review

the application of this Directive and submit a report to the European Parliament and the

Council and the European Economic and Social Committee taking full account of the

process of scrutiny and review on the application and implementation of this Directive. The

review process shall include consultation of the Member States and consumer, legal and

business organisations at Union level. The report shall examine, inter alia, interaction and

compliance with the application of Regulation (EU) 2016/679 and the case for

harmonisation of rules applicable to contracts for the supply of digital content or digital

services against collection of personal data by the trader counter-performance other than that

covered by this Directive, in particular supplied against advertisement or indirect collection

of data.

Juri Committee Voting List - europarl.europa.eu

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