On Thursday 16 November, the Estonian Presidency of the Council of the EU finally obtained a revised mandate for the next meeting of inter-negotiations on the regulation on geo-blocking.
This mandate continues to exclude non-audiovisual content protected by copyright but shifts slightly on passive sales.
It should be pointed out that the draft regulation compels traders to make their goods and services accessible to all EU consumers, without discriminating on access to prices, sales or payment conditions (see EUROPE 11558). It also aims to eradicate discrimination based on nationality, place of residency or where customers are established for the goods and services listed in the “services” directive (2006/123).
Three trialogues have already taken place and a fourth is planned for 20 November.
Three questions remain pending regarding articles 4 (scope), 6 (passive sales) and 9 (revision clause). On the first question, Parliament would like content protected by copyright to be included in the future scope of the regulation (see EUROPE 11774), while Council is decidedly opposed to this (see EUROPE 11677).
On passive sales, the Commission and Parliament would like the future regulation to prevail over competition rules, while the Council would like the opposite. Finally, the three institutions are not on the same wavelength with regard to the revision clause. The Commission proposed to accept it after two years following the entry into force of the regulation, while Parliament requested three years and the Council four.
According to the information we have received, the different parties are prepared to shift in order to find a compromise. The Committee of Permanent Representatives to the EU (Coreper) – which refused to budge on 27 October (EUROPE 11893) – has softened the position of the Council on passive sales. The member states appear to be ready to accept that the future regulation prevails over competition rules.
At the Parliament, it would appear that the rapporteur, Madame Roza Thun (EPP, Poland), has decided not to include services covered by copyright (online music services, e-books and videogames).
On the third question, the new Council mandate includes a two-year revision clause after the entry into force of the regulation, then every five years. This time it does not rule out the idea of examining the possibility of including non-audiovisual protected content during this exercise.
Speaking on Twitter, the rapporteur stated, “The Council finally agreed on the long-awaited mandate. Together with the Estonian Presidency, I hope we will find a compromise. My number one priority is to defend the rights of consumers to benefit from the single market and put an end to discrimination". (Original version in French by Sophie Petitjean)