Paquet Telecom 2017/amendements LIBE

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Les amendements de la commission IMCO sont visibles sur cette page

Les amendements de la commission ITRE sont visibles sur cette page

Amendment 2 +[modifier]

Amendment 2
Morten Helveg Petersen
ALDE
Recital 5

(5) this Directive should create a legal framework to ensure the freedom to provide electronic communications networks and services, subject only to the conditions laid down in this Directive and to any restrictions in conformity with Article 52 (1) of the Treaty, in particular measures regarding public policy, public security and public health.

(5) This Directive should create a legal framework to ensure the freedom to provide electronic communications networks and services, subject only to the conditions laid down in this Directive and to any restrictions in conformity with Article 52 (1) of the Treaty, in particular measures regarding public policy, public security and public health, and with Article 52 (1) of the Charter of Fundamental Rights of the European Union (the Charter).

Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary because it is inextricably linked to other admissible amendments, in particular Amendment 20 on Article 12.


Amendment 3 +[modifier]

Amendment 3
Morten Helveg Petersen
ALDE
Recital 6

(6) The provisions of this Directive are without prejudice to the possibility for each Member State to take the necessary measures justified on grounds set out in Articles 87 and 45 of the Treaty on the Functioning of the European Union, to ensure the protection of its essential security interests, to safeguard public policy, public morality and public security, and to permit the investigation, detection and prosecution of criminal offences.

(6) The provisions of this Directive are without prejudice to the possibility for each Member State to take the necessary measures justified on grounds set out in Articles 87 and 45 of the Treaty on the Functioning of the European Union, to ensure the protection of its essential security interests, to safeguard public policy and public security, and to permit the investigation, detection and prosecution of criminal offences, taking into account that such measures must be provided for by law, respect the essence of the rights and freedom recognised by the Charter and be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter.

Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary because it is inextricably linked to other admissible amendments, in particular Amendment 20 on Article 12.


Amendment 4 +[modifier]

Amendment 4
Morten Helveg Petersen
ALDE
Recital 7

(7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations. It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21 . The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. The separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee media pluralism, cultural diversity and consumer protection.

(7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations. It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21 . The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. The separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee freedom of expression and information, media pluralism, cultural diversity, consumer protection, privacy and the protection of personal data.

Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text as well as the coherence with other related legislative instruments, in particular the General Data Protection Regulation and the proposal for a regulation on ePrivacy.

Amendment 8 +[modifier]

Amendment 8
Morten Helveg Petersen
ALDE
Recital 91 a (new)

(91a) In order to ensure a safeguard to the security and integrity of networks and services, the use of end-to-end encryption should be promoted and, where necessary, be mandatory in accordance with the principles of data protection by design and privacy by design; in particular, Member States should not impose any obligation to encryption providers, providers of electronic communications services and all other organisations (at all levels of the supply chain) that would result in the weakening of the security of their networks and services, such as the allowing or facilitation of "backdoors";

Justification: In line with the European Parliament resolution of 14th March 2016 on fundamental rights implications of big data: privacy, data protection, non-discrimination, security and law-enforcement.


Amendment 10 +[modifier]

Amendment 10
Morten Helveg Petersen
ALDE
Recital 254

(254) In line with the objectives of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, the regulatory framework should ensure that all users, including disabled end-users, the elderly, and users with special social needs, have easy access to affordable high quality services. Declaration 22 annexed to the final Act of Amsterdam provides that the institutions of the Union shall take account of the needs of persons with a disability in drawing up measures under Article 114 of the TFEU.

(254) In line with the objectives of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, the regulatory framework should ensure that all users, including disabled end-users, the elderly, and users with special social needs, have easy access to affordable high quality services regardless of their place of residence within the Union. Declaration 22 annexed to the final Act of Amsterdam provides that the institutions of the Union shall take account of the needs of persons with a disability in drawing up measures under Article 114 of the TFEU.

Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text as well as the coherence with other related legislative instruments, in particular the General Data Protection Regulation and the proposal for a regulation on ePrivacy.


Amendment 20 +[modifier]

Amendment 20
Morten Helveg Petersen
ALDE
Article 12 – paragraph 1

1. Member States shall ensure the freedom to provide electronic communications networks and services, subject to the conditions set out in this Directive. To this end, Member States shall not prevent an undertaking from providing electronic communications networks or services, except where this is necessary for the reasons set out in Article 52 (1) of the Treaty. Any such limitation to the freedom to provide electronic communications networks and services shall be duly reasoned and shall be notified to the Commission.

1. Member States shall ensure the freedom to provide electronic communications networks and services, subject to the conditions set out in this Directive. To this end, Member States shall not prevent an undertaking from providing electronic communications networks or services, except where this is necessary for the reasons set out in Article 52 (1) of the Treaty. Any such limitation to the freedom to provide electronic communications networks and services shall be duly reasoned, provided for by law, respect the essence of the rights and freedoms recognised by the Charter and be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter and notified to the Commission.

Justification: In line with the Charter and the related CJEU Case law, any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.


Amendment 26 +[modifier]

Amendment 26
Morten Helveg Petersen
ALDE
Article 114 – paragraph 3 a (new)

3a. The Commission shall periodically review the application of the fundamental rights safeguard referred to in Article 93. Such review shall be carried out every five year.