Inter-institutional negotiations on the draft regulation to tackle unfair geo-blocking are expected to begin at the beginning of May. Róża Thun (EPP, Poland) made this announcement at the end of the vote on her report and negotiating brief during the European Parliament internal market committee meeting on Tuesday 25 April.
The political group coordinators are also expected to decide during the next meeting whether they will launch an impact study on how the legislation affects small and medium-sized enterprises, as suggested by Dennis De Jong (GUE/NGL, Netherlands).
It should be pointed out that in May 2016 (see EUROPE 11558), the Commission proposed that traders made their goods and services proposed online accessible, irrespective of nationality, place of residency or establishment of the consumer. The Council of the EU reached a political agreement of principle in November 2016, while the Parliament’s internal market and consumer protection committee (IMCO) was awaiting the opinions from the ITRE, CULT and JURI committees, before it made a decision.
The report adopted on 25 April indicates that undertakings do not have any obligation to deliver in other member states and that in the event of “passive” sales, they will be able to apply the law of the country in which they are established. It maintains the scope of application proposed by the Commission, namely, the goods and services listed in the “services” directive (2006/123/EC), including non-audiovisual services provided electronically. It does, however, recommend, in contrast to the Council, an examination three years after application of the text (then every five years afterwards), as well as the possibility of including other sectors, such as audiovisual, financial, transport, electronic communications and health services.
Other changes include: MEPs banning traders from redirecting consumers to a different interface on their website for reasons relating to nationality, place of residency or the temporary localisation of the consumer (similarly to the Council). Derogations are also possible when the consumer gives prior consent (which cannot be repeatedly requested) or in the event of legal obligations incumbent on the trader.
Finally, when there are breaches of the new rules, MEPs recommend, “effective, proportionate and dissuasive measures”.
Traders and consumers satisfied
In response, EuroCommerce, which represents European retail, wholesale and international traders, was mainly pleased with the changes proposed by IMCO. Nonetheless, it did regret a certain uncertainty involving, “additional costs generated by merchandise that has been sent back or which is defective”.
The European Consumers Association (BEUC) also welcomed the vote, whilst calling on the EU to go further and, “ban geo-blocking for films, sports competitions and television”.
The first inter-institutional negotiations at a trialogue level are expected to begin at the beginning of May and will be followed by several technical meetings. A second trialogue – could potentially lead to an agreement under the Maltese Presidency of the Council – before the summer. (Original version in French by Sophie Petitjean)