TEMPORARY WORKSPACE 2ND READING AMENDMENTS

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WORK IN PROGRESS!!!!

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WORK IN PROGRESS!!!!

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In the following amendments, amended text with regard to Council's common position is highlighted in bold italics. In the case of amending acts, passages in an existing provision that the Council has left unchanged, but that Parliament wishes to amend, are highlighted in bold. Any deletions that Parliament wishes to make in passages of this kind are stroke out.

This page will be updated as new amendments are filed and our analysis deepened.

These amendments were replaced by compromise amendments voted in IMCO on Mar 31st, and in ITRE on Apr 21st.

COD/2007/0247 - Trautmann report (framework, access, authorisation) - ITRE committee

• Amendments 1-110: http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-420.223+01+DOC+PDF+V0//EN&language=EN
• Amendments 111-167: http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-421.390+01+DOC+PDF+V0//EN&language=FR
• (not published yet on http://www.europarl.europa.eu/meetdocs/2004_2009/organes/itre/itre_20090330_1500.htm)

DRAFT RECOMMENDATION FOR SECOND READING

on the Council common position for adopting a directive of the European Parliament and of the Council amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services (16496/1/2008 – C6-0066/2009 – 2007/0247(COD))

Committee on Industry, Research and Energy (ITRE), rapporteur Catherine TRAUTMANN, PSE, FR

Amendment 42 -

• Article 1 – point 8 – point a amending Directive 2002/21/EC Article 8 – paragraph 1 – subparagraph 2 tabled by Catherine TRAUTMANN, PSE, FR
• Net Neutrality/Discrimination

Unless otherwise provided in Article 9
regarding radio frequencies or unless
otherwise required in order to fulfil the
objectives laid down in paragraphs 2 to 4,
Member States shall take the utmost
account of the desirability of making
regulations technologically neutral and
shall ensure that, in carrying out the
regulatory tasks specified in this Directive
and the Specific Directives, in particular
those designed to ensure effective
competition, national regulatory authorities
do likewise.

The addition of "paragraphs 2 to 4" in exceptions to network neutrality can be dangerous if amendment 45 (8.4.g) is passed.

• Voting recommendation: reject

Amendment 45 ---

• Article 1 – point 8 – point fa amending Directive 2002/21/EC Article 8 – paragraph 4 – point fa tabled by Catherine TRAUTMANN, PSE, FR
• Net Neutrality/Discrimination

(fa) applying the principle that end-users
should be able to access and distribute
any lawful content and use any lawful
applications and/or services of their
choice;

The notion of unlawful content is known to be applied to copyrighted content accessed or distributed without authorisation. As the rapporteur and the Council have stated, the Framework Directive has nothing to do with copyright. Therefore the amendment should be rejected or alternatively the word lawful should be deleted twice.

• Voting recommendation: against or should be amended as: (fa) applying the principle that end-users should be able to access and distribute any content and use any applications and/or services of their choice;.

Amendment 46 +++

• Article 1 – point 8 – point fb amending Directive 2002/21/EC Article 8 – paragraph 4 – point fb tabled by Catherine TRAUTMANN, PSE, FR
• 3-strike/Fundamental Rights

(fb) applying the principle that no
restriction may be imposed on the
fundamental rights and freedoms of end-
users, without a prior ruling by the
judicial authorities, notably in accordance
with Article 11 of the Charter of
Fundamental Rights of the European
Union on freedom of expression and
information, save when public security is
threatened in which case the ruling may
be subsequent.

This amendment restores AM 138 adopted in 1st reading, which provides useful safeguards against other provisions laying grounds to "three-strikes approach" (graduated response).

• Voting recommendation: for.

See also TEMPORARY_WORKSPACE_2ND_READING_VOTING_LIST and Script_convert_amd_test