Enforcement of the Digital Markets Act

Amendments tabled for the plenary sitting on this text, in their own numbering series. This is a different set from the committee amendments tracked elsewhere on AmendEU, and is not counted in any of the site’s amendment totals.

1. Amendment 1The LeftMotion for a resolution · Rectial J a (new)
   Amendment

   Ja. whereas provisions in digital trade agreements that restrict access to source code may weaken the accountability mechanisms of the DMA by creating an additional unnecessary layer of intellectual property protection that extends beyond the EU framework and, therefore, conflicts with the recognition and enforcement of algorithmic accountability as a core regulatory principle;

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2. Amendment 2The LeftMotion for a resolution · Paragraph 2
   Current text

   2. Expresses concern over political pressure from third countries urging the EU to reconsider or weaken the DMA, and underlines that such external interference must not compromise the EU’s sovereignty and its autonomy to define and enforce its own rules; stresses that DMA obligations apply equally to all designated gatekeepers providing services in the EU, irrespective of their place of establishment or nationality;

   Amendment

   2. Expresses concern over political pressure from third countries, notably the United States, urging the EU to reconsider or weaken the DMA, and underlines that such external interference must not compromise the EU’s sovereignty and its autonomy to define and enforce its own rules; stresses that DMA obligations apply equally to all designated gatekeepers providing services in the EU, irrespective of their place of establishment or nationality;

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3. Amendment 3The LeftMotion for a resolution · Paragraph 3 a (new)
   Amendment

   3a. Expresses its deep concern about the Commission’s intention to establish an EU-US tech ‘dialogue’ despite repeated threats from the Trump administration and sanctions imposed on individuals, including a former EU Commissioner; recalls that the EU’s digital regulatory autonomy is non-negotiable, in terms of both implementation and enforcement;

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4. Amendment 4The LeftMotion for a resolution · Paragraph 3 b (new)
   Amendment

   3b. Warns that provisions in digital trade agreements – such as those restricting access to source code – may weaken the accountability mechanisms of the DMA; warns, in particular, that the extensive investigative powers granted to the Commission under the DMA, and the high level of scrutiny required, could be constrained by the limited exceptions in such agreements; calls, therefore, for the removal of all provisions in digital trade agreements that restrict access to source code, and for algorithmic accountability to be recognised and enforced as a core regulatory principle;

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5. Amendment 5PPEMotion for a resolution · Paragraph 30 a (new)
   Amendment

   30a. Stresses that effective enforcement of the DMA requires complementary use of general competition policy and all other EU trade defence and market surveillance instruments, as systemic risks to fairness and economic security can also arise from transactions outside the scope of the DMA; notes, in this context, concerns regarding the acquisition of Ceconomy AG by JD.com, which would transfer control of a major European retail and distribution network to a nonEU entity, raising risks of non-EU state access to sensitive consumer data and potential distortions linked to state-backed financial support; calls on the Commission to apply the Foreign Subsidies Regulation1a rigorously and to exami…

   Excerpt — full text in the official PDF.
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6. Amendment 6Verts/ALE, S&DMotion for a resolution · Paragraph 14 a (new)
   Amendment

   14a. Notes that certain gatekeepers, as recently announced by Google for instance, invoke safety and cybersecurity justifications to impose registration and identification requirements on application developers, thereby limiting effective access to alternative application distribution channels in a manner that may conflict with Article 6(4) DMA; calls, therefore, on the Commission to investigate whether the security-related measures invoked are strictly necessary and proportionate, and to ensure that they are not being used as a pretext to circumvent the DMA’s objective of enabling genuine third-party software access, ensuring fair, reasonable and non-discriminatory access conditions while s…

   Excerpt — full text in the official PDF.
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7. Amendment 7PfEMotion for a resolution · Paragraph 10 a (new)
   Amendment

   10a. Stresses that the implementation of interoperability and data-sharing obligations, in particular those related to online search services as provided for in Article 6(11) DMA, must strictly comply with personal data protection requirements, ensure a high level of cybersecurity and prohibit any re-identification, misuse or undue dissemination of sensitive data; warns against the significant risks that these obligations may pose to the privacy of users; calls for the establishment of robust safeguards, developed in close cooperation with the European Data Protection Board;

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8. Amendment 8ECRMotion for a resolution · Recital N a (new)
   Amendment

   Na. whereas the rapid development and integration of generative AI systems and AI-driven conversational interfaces into core platform services are reshaping competitive dynamics, value chains and user access to digital services across the Union;

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9. Amendment 9ECRMotion for a resolution · Paragraph 2
   Current text

   2. Expresses concern over political pressure from third countries urging the EU to reconsider or weaken the DMA, and underlines that such external interference must not compromise the EU’s sovereignty and its autonomy to define and enforce its own rules; stresses that DMA obligations apply equally to all designated gatekeepers providing services in the EU, irrespective of their place of establishment or nationality;

   Amendment

   2. Reaffirms the EU’s right to enforce its own regulatory framework based on legal and market-based criteria; stresses that transatlantic dialogue and cooperation with the United States remain of strategic importance, and that DMA enforcement should not be used as an instrument of economic or geopolitical confrontation; recalls that DMA obligations should apply to all designated gatekeepers equally, regardless of origin;

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10. Amendment 10ECRMotion for a resolution · Paragraph 2 a (new)
    Amendment

    2a. Calls on the Commission to ensure that any extension of the DMA to innovative markets is based on clear evidence of harm to contestability and that the EU can benefit from the latest innovations, as long as they align with European regulatory frameworks; calls on the Commission to assess the value of the DMA in tackling innovative markets compared to antitrust measures, which allow for a case-by-case assessment; stresses that premature or disproportionate regulation of these sectors risks limiting European businesses’ access to cutting-edge technologies and infrastructure, to the particular detriment of small and medium-sized enterprises and innovative start-ups;

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11. Amendment 11ECRMotion for a resolution · Paragraph 2 b (new)
    Amendment

    2b. Encourages the Commission to engage proactively with its regulatory counterparts in allied jurisdictions to foster international alignment in the enforcement of ex ante rules for digital markets and to regularly assess whether the DMA in fact constitutes the smallest possible and most effective intervention in the market; considers that such coordination would reduce the risk of conflicting obligations for businesses and strengthen the credibility and legitimacy of the DMA framework;

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12. Amendment 12ECRMotion for a resolution · Paragraph 29
    Current text

    29. Expects that the forthcoming review of the DMA will be transparent and firmly grounded in enforcement experience and evidence from its application, including an assessment of real-world outcomes for users and markets, as well as of the practical impact of implementation on consumers, notably in relation to access to innovation, usability, privacy and security, while taking due account of technological developments and the need to ensure that the framework remains future-proof; invites the Commission to particularly take into account feedback received from SMEs during the review process;

    Amendment

    29. Expects that the forthcoming review of the DMA will be transparent and firmly grounded in enforcement experience and evidence from its application, including an assessment of real-world outcomes for users and markets, as well as of the practical impact of implementation on consumers, including any unintended negative effects on user experience and service quality, notably in relation to access to innovation, EU competitiveness, usability, privacy and security. while taking due account of technological developments and the need to ensure that the framework remains future-proof; invites the Commission to particularly take into account feedback received from SMEs during the review process;

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13. Amendment 13ECRMotion for a resolution · Paragraph 30 a (new)
    Amendment

    30a. Stresses that effective enforcement of the DMA must not be confused with maximalist enforcement, regulatory experimentation or the creation of new obligations through interpretation; underlines that the Commission must apply the DMA strictly within the limits set by the co-legislators, with full respect for legal certainty, proportionality, technological neutrality, trade-secret protection, cybersecurity and fundamental rights; warns that enforcement measures that go beyond what is necessary to remedy clearly identified gatekeeper practices risk undermining trust in the DMA, weakening Europe’s investment climate and exposing innovative businesses to unpredictable regulatory intervention…

    Excerpt — full text in the official PDF.
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14. Amendment 14ECRMotion for a resolution · Paragraph 30 b (new)
    Amendment

    30b. Underlines that DMA enforcement must fully align with the EU’s data protection, cybersecurity and resilience acquis; deplores, in this regard, the Commission’s proposed measure in case DMA.100209 under Article 6(11) DMA, which risks compelling the creation of a distributed, continuously updated and multi-recipient dataset of European citizens’ search behaviour; warns that competition enforcement must not become a vehicle for disproportionate data-sharing obligations that multiply attack surfaces, increase re-identification risks and expose sensitive behavioural data, including search queries, user interactions, location signals and session chronology, to additional third-party recipient…

    Excerpt — full text in the official PDF.
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