Amendment 1832· P2B Regulation Articles 2 – paragraphs 1, 2 and 5, Articles 4, 11, 15
−Deletion
Text of the amendment
As tabled
Wording it would delete
2. By way of derogation from paragraph 1, the following provisions shall continue to apply until 31 December 2032:
(a) Article 2, point (1);
(b) Article 2, point (2);
(c) Article 2, point (5);
(d) Article 4;
(e) Article 11;
(f) Article 15.
Struck CommissionHighlighted amendment
P2B Regulation Article 2 with this amendment
Amendment 1832 applied to the Commission proposal, no other amendment
Unchanged: 14 paragraphs
For the purposes of this Regulation, the following definitions apply:
‘business user’ means any private individual acting in a commercial or professional capacity who, or any legal person which, through online intermediation services offers goods or services to consumers for purposes relating to its trade, business, craft or profession;
‘online intermediation services’ means services which meet all of the following requirements:
they constitute information society services within the meaning of point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council¹²;
they allow business users to offer goods or services to consumers, with a view to facilitating the initiating of direct transactions between those business users and consumers, irrespective of where those transactions are ultimately concluded;
they are provided to business users on the basis of contractual relationships between the provider of those services and business users which offer goods or services to consumers;
‘provider of online intermediation services’ means any natural or legal person which provides, or which offers to provide, online intermediation services to business users;
‘consumer’ means any natural person who is acting for purposes which are outside this person’s trade, business, craft or profession;
‘online search engine’ means a digital service that allows users to input queries in order to perform searches of, in principle, all websites, or all websites in a particular language, on the basis of a query on any subject in the form of a keyword, voice request, phrase or other input, and returns results in any format in which information related to the requested content can be found;
‘provider of online search engine’ means any natural or legal person which provides, or which offers to provide, online search engines to consumers;
‘corporate website user’ means any natural or legal person which uses an online interface, meaning any software, including a website or a part thereof and applications, including mobile applications, to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;
‘ranking’ means the relative prominence given to the goods or services offered through online intermediation services, or the relevance given to search results by online search engines, as presented, organised or communicated by the providers of online intermediation services or by providers of online search engines, respectively, irrespective of the technological means used for such presentation, organisation or communication;
‘control’ means ownership of, or the ability to exercise decisive influence over, an undertaking, within the meaning of Article 3(2) of Council Regulation (EC) No 139/2004¹³;
‘terms and conditions’ means all terms and conditions or specifications, irrespective of their name or form, which govern the contractual relationship between the provider of online intermediation services and its business users and are unilaterally determined by the provider of online intermediation services, that unilateral determination being evaluated on the basis of an overall assessment, for which the relative size of the parties concerned, the fact that a negotiation took place, or that certain provisions thereof might have been subject to such a negotiation and determined together by the relevant provider and business user is not, in itself, decisive;
‘ancillary goods and services’ means goods and services offered to the consumer prior to the completion of a transaction initiated on the online intermediation services in addition to and complementary to the primary good or service offered by the business user through the online intermediation services;
‘mediation’ means any structured process as defined in point (a) of Article 3 of Directive 2008/52/EC;
‘durable medium’ means any instrument which enables business users to store information addressed personally to them in a way accessible for future reference and for a period of time adequate for the purposes of the information and allows the unchanged reproduction of the information stored.
P2B Regulation Article 4 with this amendment
Amendment 1832 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3), (4) and (5)
Where a provider of online intermediation services decides to restrict or suspend the provision of its online intermediation services to a given business user in relation to individual goods or services offered by that business user, it shall provide the business user concerned, prior to or at the time of the restriction or suspension taking effect, with a statement of reasons for that decision on a durable medium.
Where a provider of online intermediation services decides to terminate the provision of the whole of its online intermediation services to a given business user, it shall provide the business user concerned, at least 30 days prior to the termination taking effect, with a statement of reasons for that decision on a durable medium.
In the case of restriction, suspension or termination, the provider of online intermediation services shall give the business user the opportunity to clarify the facts and circumstances in the framework of the internal complaint-handling process referred to in Article 11. Where the restriction, suspension or termination is revoked by the provider of online intermediation services, it shall reinstate the business user without undue delay, including providing the business user with any access to personal or other data, or both, that resulted from its use of the relevant online intermediation services prior to the restriction, suspension or termination having taken effect.
The notice period in paragraph 2 shall not apply where a provider of online intermediation services:
In cases where the notice period in paragraph 2 does not apply, the provider of online intermediation services shall provide the business user concerned, without undue delay, with a statement of reasons for that decision on a durable medium.
is subject to a legal or regulatory obligation which requires it to terminate the provision of the whole of its online intermediation services to a given business user in a manner which does not allow it to respect that notice period; or
exercises a right of termination under an imperative reason pursuant to national law which is in compliance with Union law;
can demonstrate that the business user concerned has repeatedly infringed the applicable terms and conditions, resulting in the termination of the provision of the whole of the online intermediation services in question.
The statement of reasons referred to in paragraphs 1, and 2 and in the second subparagraph of paragraph 4 shall contain a reference to the specific facts or circumstances, including contents of third party notifications, that led to the decision of the provider of online intermediation services, as well as a reference to the applicable grounds for that decision referred to in point (c) of Article 3(1).
A provider of online intermediation services does not have to provide a statement of reasons where it is subject to a legal or regulatory obligation not to provide the specific facts or circumstances or the reference to the applicable ground or grounds, or where a provider of online intermediation services can demonstrate that the business user concerned has repeatedly infringed the applicable terms and conditions, resulting in termination of the provision of the whole of the online intermediation services in question.
P2B Regulation Article 11 with this amendment
Amendment 1832 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3), (4) and (5)
Providers of online intermediation services shall provide for an internal system for handling the complaints of business users.
That internal complaint-handling system shall be easily accessible and free of charge for business users and shall ensure handling within a reasonable time frame. It shall be based on the principles of transparency and equal treatment applied to equivalent situations, and treating complaints in a manner which is proportionate to their importance and complexity. It shall allow business users to lodge complaints directly with the provider concerned regarding any of the following issues:
alleged non-compliance by that provider with any obligations laid down in this Regulation which affects the business user lodging the complaint (‘the complainant’);
technological issues which relate directly to the provision of online intermediation services, and which affect the complainant;
measures taken by, or behaviour of, that provider which relate directly to the provision of the online intermediation services, and which affect the complainant.
As part of their internal complaint-handling system, providers of online intermediation services shall:
duly consider complaints lodged and the follow-up which they may need to give to the complaint in order to adequately address the issue raised;
process complaints swiftly and effectively, taking into account the importance and complexity of the issue raised;
communicate to the complainant the outcome of the internal complaint-handling process, in an individualised manner and drafted in plain and intelligible language.
Providers of online intermediation services shall provide in their terms and conditions all relevant information relating to the access to and functioning of their internal complaint-handling system.
Providers of online intermediation services shall establish and make easily available to the public information on the functioning and effectiveness of their internal complaint-handling system. They shall verify the information at least annually and where significant changes are needed, they shall update that information.
That information shall include the total number of complaints lodged, the main types of complaints, the average time period needed to process the complaints and aggregated information regarding the outcome of the complaints.
The provisions of this Article shall not apply to providers of online intermediation services that are small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
P2B Regulation Article 15 with this amendment
Amendment 1832 applied to the Commission proposal, no other amendment
Unchanged: (1) and (2)
Each Member State shall ensure adequate and effective enforcement of this Regulation.
Member States shall lay down the rules setting out the measures applicable to infringements of this Regulation and shall ensure that they are implemented. The measures provided for shall be effective, proportionate and dissuasive.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Articles 2 – paragraphs 1, 2 and 5, Articles 4, 11, 15.
Cite this amendment
Amendment 1832 (Tomas Tobé and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1741–1840 to the draft report on COM(2025) 837 (CJ72-AM-791883, PE791.883v01-00, 27 July 2026), pp. 55–56
Link, short form and official text
Amendment 1832 (Tomas Tobé and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1741–1840 to the draft report on COM(2025) 837 (CJ72-AM-791883, PE791.883v01-00, 27 July 2026), pp. 55–56
ITRE–LIBE Amendment 1832 (CJ72-AM-791883), p. 55