‘Use of protected content by online content sharing service providers -1. Without prejudice to Article 3(1) and (2) of Directive 2001/29/EC, online content sharing service providers perform an act of communication to the public and shall conclude fair and appropriate licensing agreements with rightholders, unless the rightholder does not wish to grant a license or licenses are not available. Licensing agreements concluded by the online content sharing service providers with rightholders shall cover the liability for works uploaded by the users of their services in line with terms and conditions set out in the licensing agreement, provided that those users do not act for commercial purposes or are not the rightholder or his representative.’
Second part
‘Online content sharing service providers referred to in paragraph -1 shall, in cooperation with rightholders, take appropriate and proportionate measures to ensure the functioning of licensing agreements where concluded with rightholders for the use of their works or other subject-matter on those services. In the absence of licensing agreements with rightholders, online content sharing service providers shall take, in cooperation with rightholders, appropriate and proportionate measures leading to the non-availability on those services of works or other subject matter infringing copyright or related-rights, while non-infringing works and other subject matter shall remain available. 1a. Member States shall ensure that the online content sharing service providers referred to in paragraph -1 shall apply the measures referred to in paragraph 1 based on the relevant information provided by rightholders. The online content sharing service providers shall be transparent towards rightholders and shall inform rightholders of the measures employed, their implementation, as well as when relevant, shall periodically report on the use of the works and other subject-matter. 1b. Members States shall ensure that the implementation of such measures shall be proportionate and strike a balance between the fundamental rights of users and rightholders and shall, in accordance with Article 15 of Directive 2000/31/EC, where applicable, not impose a general obligation on online content sharing service providers to monitor the information which they transmit or store.’
Third part
‘To prevent misuses or limitations in the exercise of exceptions and limitations to copyright, Member States shall ensure that the service providers referred to in paragraph 1 put in place effective and expeditious complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1. Any complaint filed under such mechanisms shall be processed without undue delay. The rightholders shall reasonably justify their decisions to avoid arbitrary dismissal of complaints. Moreover, in accordance with Regulation (EU) 2016/679 and Directive 2002/58/EC, the measures referred to in paragraph 1 shall not require the identification of individual users and the processing of their personal data. Member States shall also ensure that, in the context of the application of the measures referred to in paragraph 1, users have access to a court or other relevant judicial authority to assert the use of an exception or limitation to copyright.’
Fourth part
‘Member States shall facilitate, where appropriate, the cooperation between the online content sharing service providers, users and rightholders through stakeholder dialogues to define best practices for the implementation of the measures referred to in paragraph 1 in a manner that is proportionate and efficient, taking into account, among others, the nature of the services, the availability of technologies and their effectiveness in light of technological developments.’
Miscellaneous
Erratum all language versions (concerned amendment 74)
Erratum English version (concerned amendment 80)
Amendment 56 did not concern all language versions and was therefore not put to the vote.
Amendments 109, 110, 121, 122, 123, 127, 128, 129 had been withdrawn.
Josef Weidenholzer had withdrawn his signature from Amendments 131, 132, 133, 134, 135, 136.
5. Controls on cash entering or leaving the Union ***I
Report: Mady Delvaux and Juan Fernando López Aguilar (A8-0394/2017)
Subject
Am No
Author
RCV etc.
Vote
RCV/EV – remarks
Proposal to reject the Commission proposal
Proposal to reject the Commission proposal
97
EFDD
RCV
-
40, 648, 6
Provisional agreement
Provisional agreement
96
committee
RCV
+
625, 39, 34
Requests for roll-call votes
EFDD:
amendment 97
6. Countering money laundering by criminal law ***I
Text as a whole excluding the words: ‘and that its restrictive definition of family could give rise to discrimination as it does not encompass certain types of family arrangements, including same-sex couples.’
Second part
those words
Miscellaneous
The President had ruled amendments 12, 14 and 15 inadmissible.
Text as a whole excluding the words: ‘(the target of spending 2% of GDP on defence)’
Second part
those words
Miscellaneous
Knut Fleckenstein moved an oral amendment to Amendment 3, which then read as follows: "Commends UNRWA and its dedicated staff for their remarkable and indispensable humanitarian and development work for Palestinian refugees (in the West Bank including East Jerusalem, the Gaza Strip, Jordan, Lebanon, and Syria), which is vital to the security and stability of the region; deeply regrets the decision of the US administration to cut its funding to UNRWA, demands that the US reconsider this decision; underlines the consistent support of the European Parliament and the European Union for the Agency and encourages EU Member States to provide additional funding to guarantee the sustainability of UNRWA activities in the long run;"