Telecoms-Package Compromise-Amendments ITRE-IMCO 7th-July/Art20-CA2

080702 FINAL

COMPROMISE AMENDMENT 2

Signed:

A separate compromise text (Vergnaud, Rühle) on maximum contract duration has been included in the draft VL as a new paragraph 5a in Article 30, addressing "Facilitating change of supplier". It reads as follows:

5a. Member States shall ensure that the duration of contracts concluded between users and undertakings providing an electronic communications service does not exceed 24 months. They shall also ensure that undertakings offer users the possibility to subscribe to a contract with a maximum duration of 12 months for all types of service and terminal equipment.

Article 20 End-user interests and rights

[1. Changed and moved to 1(2a)]

2. Member States shall ensure that, where subscribing to services providing connection to a public communications network and/or electronic communications services, consumers, and other end-users so requesting, have a right to a contract with an undertaking or undertakings providing such services and/or connection. The contract shall specify in a clear, comprehensive and easily accessible form at least:

(a) the identity and address of the supplier;

(b) services provided, including in particular:

• where access to emergency services and caller location information is to be provided under Article 26, the level of reliability of such access, where relevant, and whether access is provided in the whole of the national territory,
• information on any restrictions imposed by the provider regarding a subscriber's ability to access, use or distribute lawful content or run lawful applications and services,
• the service quality levels, with reference to any parameters specified under Article 22(2) as appropriate,
• types of maintenance and customer support services offered, as well as how to contact customer support,
• the time for the initial connection, and
• any restrictions on the use of terminal equipment imposed by the provider;

(c) the subscriber's decision as to whether to include his or her personal data in a directory and the data concerned;

(d) particulars of prices and tariffs and the means by which up-to-date information on all applicable tariffs and maintenance charges may be obtained, payment methods offered and any differences in costs due to payment method;

(e) the duration of the contract, the conditions for renewal and termination of services and of the contract, including - any charges related to portability of numbers and other identifiers, and - any charges due on termination of the contract, including any cost recovery with respect to terminal equipment;

(f) any compensation and the refund arrangements which apply if contracted service quality levels are not met;

(g) the method of initiating procedures for settlement of disputes in accordance with Article 34;

(h) the type of action that might be taken by the undertaking providing connection and/or services in reaction to security or integrity incidents or threats and vulnerabilities, as well as any compensation arrangements which apply if security or integrity incidents occur.

The contract shall also include any information provided by the relevant public authorities on the use of electronic communications networks and services to carry out unlawful activities or to disseminate harmful content, and the means of protection against risks to personal security, privacy and personal data, as referred to in Article 21(4a) and relevant to the service provided.

7. Subscribers have a right to withdraw from their contracts without penalty upon notice of modifications in the contractual conditions proposed by operators. Subscribers shall be given adequate notice, not shorter than one month, ahead of any such modifications and shall be informed at the same time of their right to withdraw, without penalty, from such contracts, if they do not accept the new conditions.

See also : Telecoms-Package_Analysis_Compromise-Amendments_ITRE-IMCO_7th-July