Telecoms Package Committes Amendements

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In the following amendments, additions and updates with regard to Commission's initial proposal are displayed in bold, deletions are stroke out. Interesting amendments have been searched with terms in italic.

See also compromised amendments (not published yet).

COD/2007/0247[edit]

Electronic communications: common regulatory framework for networks and services, access, interconnection and authorisation ("Telecoms Package" [amend. Directives 2002/19/EC to 2002/21/EC])

ITRE Committee, rapporteur Catherine TRAUTMANN

Amendments potentially dangerous[edit]

The amendments listed below include the terms lawful, filter, copyright or intellectual property, it should be checked if they actually introduce three strikes approach.

Amendment 308[edit]

(ea) In paragraph 4, point is added: "(ga) ensuring that undertakings
providing electronic communications services and networks cooperate
with the sectors concerned in relation to the protection and
promotion of lawful content on electronic communications services and
networks".

Amendment 122[edit]

(15a) Member States should encourage stakeholders to enter into
cooperation arrangements to enable online services to run smoothly
and to make for a high level of user confidence. In particular,
electronic communications network and/or service providers and other
stakeholders should be encouraged to work together to promote lawful
content and protect content online. Cooperation of this kind,
extending beyond the regulatory framework without undermining it,
could take the practical form of, for example, codes of conduct drawn
up by, after being negotiated and approved among, the parties
concerned.  Such codes are already provided for in principle in many
Community instruments, including for instance the Directive on
electronic commerce (Directive 2000/31/EC, Article 16), the Directive
on the enforcement of intellectual property rights (Directive
2004/48/EC, Article 17), and the Directive on the protection of
personal data (Directive 95/46/EC, Article 27).  Cooperation among
stakeholders along such lines is essential in order to promote online
content, and European cultural content in particular, and to unleash
the potential of the information society.

Amendments potentially good[edit]

The amendments listed below correct Commission's text which included the expression lawful, filter, copyright or intellectual property, it should be checked if they actually protect from three strikes approach.

Amendment 278[edit]

  • Lambert: Annex I – point 3 – point g amending Directive 2002/20/EC Annex I – Part A – point 19
19. Compliance with national measures implementing Directive
2001/29/EC of the European Parliament and of the Council and
Directive 2004/48/EC of the European Parliament and of the
Council.

COD/2007/0248[edit]

Electronic communications: universal service, users' rights relating to networks and services, processing of personal data, protection of privacy, consumer protection cooperation ("Telecoms Package" [amend. Directives 2002/22/EC, 2002/58/EC and Regulation (EC) No 2006/2004])

IMCO Committee, rapporteur Malcolm HARBOUR

Amendments potentially dangerous[edit]

The amendments listed below include the terms lawful, filter, copyright or intellectual property, it should be checked if they actually introduce three strikes approach.

Amendment 18[edit]

  • Malcolm HARBOUR: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 2 – subparagraph 1 – point (b)
(b) services provided, including in particular:
- whether access to emergency services is included in the
  services subscribed to,
- information on any limitations imposed by the provider
  regarding a subscriber's ability to access or distribute
  lawful content or run lawful applications and services,
- information on inclusion of subscriber information in
  directories,
- the service quality levels and types of maintenance services
  offered,
- the time for the initial connection, and
- any limitations on the use of terminal equipment imposed
  by the provider;

Amendment 23[edit]

  • Malcolm HARBOUR: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 2 – subparagraph 1 – point a (new)
The contract shall also include any information on legally
permissible uses of electronic communications networks and on
means of protection against risks to privacy and personal data
referred to in Article 21(4a) and relevant to the service
provided.

Amendment 31[edit]

  • Malcolm HARBOUR: Article 1 – point 12 amending Directive 2002/22/EC Article 21 – paragraph 4
4. Member States shall ensure that national regulatory authorities
are able to oblige undertakings providing connection to a public
electronic communications network and/or electronic communications
services to:

(a) provide applicable tariff information to subscribers
prior to connecting to any number or service subject to particular
pricing conditions for that number or service;

(b) regularly inform subscribers of any lack of access to
emergency services in the service they have subscribed to;

(c) inform subscribers of any change to any limitations imposed
by the undertaking on their ability to access or distribute
lawful content or run lawful applications and services of their
choice;

(d) inform subscribers of their right to be included in a
directory; and

(e) regularly inform disabled subscribers of details of current
products and services aimed at them.

Amendment 32[edit]

  • Malcolm HARBOUR: Article 1 – point 12 amending Directive 2002/22/EC Article 21 – paragraph 4 a (new)
4a. Member States shall ensure that national regulatory
authorities are able to oblige the undertakings referred to
in paragraph 4 to distribute information provided by them to
existing and new subscribers, with respect to subscribers':

(a) legally permissible usage of electronic communications
services, including respect for protection of copyright and
related rights; and

(b) means of protection against risks to privacy and personal
data in using electronic communications services.  Any
additional costs incurred by an undertaking in complying with
these obligations shall be reimbursed by the national
regulatory authority.

Amendment 37[edit]

  • Malcolm HARBOUR: Article 1 – point 13 – point b amending Directive 2002/22/EC Article 22 – paragraph 3
3. In order to prevent degradation of service and slowing of traffic
over networks, and to ensure that users’ ability to access or
distribute lawful content or to run lawful applications and
services of their choice is not unreasonably restricted,
national regulatory authorities may adopt minimum quality of
service requirements. A national regulatory authority may
consider a limitation imposed by the operator on users' ability
to access or distribute lawful content or to run lawful
applications and services of their choice as unreasonable if it
discriminates according to source, destination, content, or
type of application and is not duly justified by the operator.

Amendment 146[edit]

  • Arlene McCARTHY: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 2 – subparagraph 1 – point (h)
(h) the action that might be taken by the undertaking providing
connection and/or services in reaction to security or integrity
incidents or threats and vulnerabilities or the use of the
service to commit unlawful activities.

Amendment 158[edit]

  • Maria MATSOUKA: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 5
5. Member States shall ensure that where contracts are concluded
between subscribers and undertakings providing electronic
communications services and/or networks, subscribers are clearly
informed in advance of the conclusion of a contract and regularly
thereafter of any limitations imposed by the provider on their
ability to access or distribute lawful content or run any lawful
applications and services of their choice. The national
regulatory authorities must ensure that any limits imposed
by providers on the scope for subscribers to have access to
or distribute legal content is legally justified and does not
lead to discrimination.

Amendment 160[edit]

5. Member States shall ensure that where contracts are concluded
between subscribers and undertakings providing electronic
communications services offering a connection to a public
communications network, subscribers are clearly informed in
advance of the conclusion of a contract and regularly thereafter of
any limitations imposed by the provider on their ability to access or
distribute lawful content or to access or use any lawful
applications and services of their choice.

Amendment 160[edit]

  • Šarūnas BIRUTIS: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 5
5. Member States shall ensure that where contracts are concluded
between subscribers and undertakings providing electronic
communications services and/or networks, subscribers are clearly
informed in advance of the conclusion of a contract and in case
of any change of any limitations explicitly imposed by
the provider on their ability to access or distribute lawful content
or run any lawful applications and services of their choice.

Amendment 169[edit]

  • Jacques TOUBON: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6
6. Member States shall ensure that where contracts are concluded
between subscribers and undertakings providing electronic
communications services and/or networks, subscribers are clearly
informed in advance of the conclusion of the contract and regularly
thereafter of their obligations to respect copyright and related
rights. Without prejudice to Directive 2000/31/EC on electronic
commerce, this includes the obligation to inform subscribers of the
most common acts of infringements and their legal consequences
in a clear, comprehensive and easily accessible form.

Amendment 171[edit]

  • Arlene McCARTHY: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6 b (new)
6b. Member States shall ensure that where contracts are
concluded between subscribers and undertakings providing
electronic communications services and/or networks, those
contracts provide for contractual sanctions to be applied and
enforced against subscribers who misuse their connection to
carry out unlawful and harmful activities.

Amendment 173[edit]

  • Cristian Silviu BUŞOI: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6 d (new)
6d. Member States shall ensure that subscriber contracts
provide for a system of warnings and sanctions to be enforced
against the subscriber if his connection is used for unlawful
purposes.

Amendment 191[edit]

  • Malcolm HARBOUR: Article 1 – point 12 amending Directive 2002/22/EC Article 21 – paragraph 4a (new)
4a. Member States shall ensure that national regulatory
authorities oblige the undertakings referred to in paragraph 4
to distribute public interest information to existing and new
subscribers. Such information shall be produced by the relevant
public authorities in a standardised format and may inter alia
cover the following topics:

(a) legally impermissible usage of electronic communications
services, including infringement of copyright and related
rights;

(b) the most common legally impermissible uses of electronic
communications services, including copyright infringement, and
their consequences; and

(c) means of protection against risks to personal security,
privacy and personal data in using electronic communications
services.

Any additional costs incurred by an undertaking in complying
with these obligations shall be reimbursed by the national
regulatory authority.

Amendment 192[edit]

  • Bernadette VERGNAUD: Article 1 – point 12 amending Directive 2002/22/EC Article 21 – paragraph 5
5. Member States shall ensure that national regulatory authorities
are able to oblige undertakings providing electronic communications
services and/or networks to provide information required in
accordance with Article 20(5) and (6) to customers on a
regular basis and in a clear, comprehensive and easily
accessible form.

National regulatory authorities shall ensure in particular that
undertakings providing electronic communications services
and/or networks provide regular information to their
subscribers on:

(a) the unlawful use of electronic communications services,
particularly where it may prejudice respect for the rights and
freedoms of others, and

(b) the means of protection and limitations concerning personal
data and privacy in the use of electronic communications
services.

Amendment 196[edit]

  • Malcolm HARBOUR: Article 1 – point 13 – point b amending Directive 2002/22/EC Article 22 – paragraph 3
3. In order to prevent anti-competitive blocking, degradation
of service and slowing of traffic over networks, and to ensure
that the ability of users to access or distribute lawful
content or to run lawful applications and services of their
choice is not unreasonably restricted, national regulatory
authorities may issue guidelines setting minimum quality of
service requirements. National regulatory authorities may
consider a restriction to be unreasonable if it is based on
source, destination, content, or type of application, and if it
cannot be rendered ineffective by transparency requirements
imposed pursuant to Article 21(4)(c) and competition law
remedies. The Commission may, having examined such guidelines
and consulted [xxx], adopt technical implementing measures
concerning minimum quality of service requirements. These
measures, designed to amend non-essential elements of this Directive
by supplementing it, shall be adopted in accordance with the
regulatory procedure with scrutiny referred to in Article 37(2).

Amendment 200[edit]

  • Bill NEWTON DUNN: Article 1 – point 13 – point b amending Directive 2002/22/EC Article 22 – paragraph 3
3. In order to prevent degradation of service and slowing of traffic
over networks, and to ensure that users’ ability to access or
distribute lawful content or to run lawful applications and
services of their choice is not unreasonably restricted,
national regulatory authorities may adopt minimum quality of
service requirements.  National regulatory authorities may
consider a limitation imposed by the operator on users' ability
to access or distribute lawful content or to run lawful
applications and services of their choice as reasonable when it
addresses congestion and capacity constraints and is duly
justified by the operator.

Amendment 233[edit]

  • Arlene McCARTHY: Article 1 – point 16 amending Directive 2002/22/EC Article 28 – paragraph 1 – subparagraph 2
National regulatory authorities shall be able to block on a
case-by-case basis access to numbers or services where this is
justified by reasons of unlawful and harmful activity or
misuse.

Amendment 278[edit]

  • Bernadette VERGNAUD: Annex I – Part B – point b b (new) amending Directive 2002/22/EC Annex I – Part B – point b b (new)
(bb) Protection software Member States shall ensure that
national regulatory authorities are able to require operators
to make available free of charge to their subscribers reliable
and easy-to-use protection and/or filtering software to control
access by children or vulnerable people to unlawful or
dangerous content.

Amendment 4[edit]

(14) A competitive market should ensure that end-users are able to
access and distribute any lawful content and to use any lawful
applications and/or services of their choice, as stated in Article 8
of Directive 2002/21/EC. Given the increasing importance of
electronic communications for consumers and businesses, users should
in any case be fully informed of any restrictions and/or limitations
imposed on the use of electronic communications services by the
service and/or network provider. Where there is a lack of effective
competition, national regulatory authorities should use the remedies
available to them in Directive 2002/19/EC to ensure that users’
access to particular types of content or applications is not
unreasonably restricted. National regulatory authorities should
be able to take action under Directive 2002/22/EC in case
restrictions are unreasonably imposed in circumstances other
than a lack of effective competition. Management of networks,
for example in order to address congestion and capacity
constraints and to enable new services, should not per se be
considered as examples of an unreasonable restriction.

Amendment 69[edit]

(14) A competitive market should ensure that end-users are able to
access and distribute any lawful content and to use any lawful
applications and/or services of their choice, as stated in Article 8
of Directive 2002/21/EC. Given the increasing importance of
electronic communications for consumers and businesses, users should
in any case be fully informed of any restrictions and/or limitations
imposed on the use of electronic communications services by the
service and/or network provider. Where there is a lack of effective
competition, national regulatory authorities should use the remedies
available to them in Directive 2002/19/EC to ensure that users’
access to content, services or applications is not unreasonably
restricted in a way which is a de facto limitation of consumer
choice of services available in the online marketplace.
National regulatory authorities must act in a timely manner
that is compatible with the needs of their national market to
ensure transparency and non-discrimination in access to
services and applications over public communications networks.

Amendment 70[edit]

(14) A competitive market should ensure that end-users are able to
access and distribute any lawful content and to use any lawful
applications and/or services of their choice, as stated in Article 8
of Directive 2002/21/EC. Given the increasing importance of
electronic communications for consumers and businesses, users should
in any case be fully informed of any restrictions and/or limitations
imposed on the use of electronic communications services by the
service and/or network provider. Where there is a lack of effective
competition, national regulatory authorities should use the remedies
available to them in Directive 2002/19/EC to ensure that users’
access to particular types of content or applications is not
unreasonably restricted. It should also be possible to take
action under Directive 2002/22/EC in case restrictions are
unreasonably imposed. Management of networks in order to
address congestion and capacity constraints and to enable new
services should not per se be considered an example of an
unreasonable restriction, and due account should be taken of
the right of network and service operators to diversify their
offerings in a competitive market. Since inconsistent remedies
will significantly impair the achievement of the internal
market, national regulatory authorities should initially set
guidelines for operators to overcome any identified problems.
The Commission should assess these guidelines as a basis for
regulatory intervention to give effect to the guidelines across
the Community.

Amendment 71[edit]

(14) A competitive market should ensure that end-users are able to
access and distribute any lawful content and to use any lawful
applications and/or services of their choice, as stated in Article 8
of Directive 2002/21/EC. Given the increasing importance of
electronic communications for consumers and businesses, users should
in any case be fully informed of any restrictions and/or limitations
imposed on the use of electronic communications services by the
service and/or network provider. Where there is a lack of effective
competition, national regulatory authorities should use the remedies
available to them in Directive 2002/19/EC to ensure that users’
access to particular types of content or applications is not
unreasonably restricted. National regulatory authorities should
be able to take action under Directive 2002/22/EC in case
restrictions are unreasonably imposed in circumstances other
than a lack of effective competition. Management of networks, for
example in order to address congestion and capacity constraints
and to enable new services, should never be considered an
example of an unreasonable restriction.

Amendment 72[edit]

(14) A competitive market should ensure that end-users are able to
access and distribute any lawful content and to use any lawful
applications and/or services of their choice, as stated in Article 8
of Directive 2002/21/EC. Given the increasing importance of
electronic communications for consumers and businesses, users should
in any case be fully informed of any restrictions and/or limitations
imposed on the use of electronic communications services by the
service and/or network provider. Where there is a lack of effective
competition, national regulatory authorities should use the remedies
available to them in Directive 2002/19/EC to ensure that users’
access to particular types of content or applications is not
unreasonably restricted. National regulatory authorities should
be able to take action under Directive 2002/22/EC in case
restrictions are unreasonably imposed in circumstances other
than a lack of effective competition. Management of networks,
in order to address congestion and capacity constraints, should
not per se be considered an example of an unreasonable restriction.

Amendment 73[edit]

(14) A competitive market should ensure that end-users are able to
access and distribute any lawful content and to use any lawful
applications and/or services of their choice, as stated in Article 8
of Directive 2002/21/EC. Given the increasing importance of
electronic communications for consumers and businesses, users should
in any case be fully informed of any restrictions and/or limitations
imposed on the use of electronic communications services by the
service and/or network provider. Where there is a lack of effective
competition, national regulatory authorities should use the remedies
available to them in Directive 2002/19/EC to ensure that users’
access to particular types of content, services or applications is
not unreasonably restricted and, for instance, that unreasonable
wholesale access terms be addressed.

Amendment 104[edit]

(37a) It should be remembered regarding this Directive that
recital 3 of Directive 2004/48/EC of the European Parliament
and of the Council of 29 April 2004 on the enforcement of
intellectual property rights, points out that, without
effective means of enforcing intellectual property rights,
innovation and creativity are discouraged and investment
diminished. It is therefore necessary to ensure that the
substantive law on intellectual property, which is nowadays
largely part of the acquis communautaire, is applied
effectively in the Community. In this respect, the means of
enforcing intellectual property rights are of paramount
importance for the success of the internal market.

Amendments potentially good[edit]

The amendments listed below correct Commission's text which included the expression lawful, filter, copyright or intelectual property, it should be checked if they actually protect from three strikes approach.

Amendment 26[edit]

  • Malcolm HARBOUR: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 5
5. Member States shall ensure that where contracts are concluded
between subscribers and undertakings providing electronic
communications services and/or networks, subscribers are clearly
informed in advance of the conclusion of a contract and regularly
thereafter of any limitations imposed by the provider on their
ability to access or distribute lawful content or run any lawful
applications and services of their choice.

Amendment 27[edit]

  • Malcolm HARBOUR: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6
6. Member States shall ensure that where contracts are concluded
between subscribers and undertakings providing electronic
communications services and/or networks, subscribers are clearly
informed in advance of the conclusion of the contract and regularly
thereafter of their obligations to respect copyright and related
rights. Without prejudice to Directive 2000/31/EC on electronic
commerce, this includes the obligation to inform subscribers of the
most common acts of infringements and their legal consequences.

Amendment 161[edit]

  • Othmar KARAS: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 5
5. Member States shall ensure that where contracts are concluded
between subscribers and undertakings providing electronic
communications services and/or networks, subscribers are clearly
informed in advance of the conclusion of a contract and
regularly thereafter of any limitations imposed by the
provider on their ability to access or distribute lawful
content or run any lawful applications and services of their
choice.

Amendment 164[edit]

  • Zuzana ROITHOVÁ: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6
6. Member States shall ensure that where contracts are concluded
between subscribers and undertakings providing electronic
communications services and/or networks, subscribers are clearly
informed in advance of the conclusion of the contract and regularly
thereafter of their obligations to respect copyright and related
rights. Without prejudice to Directive 2000/31/EC on electronic
commerce, this includes the obligation to inform subscribers of the
most common acts of infringements and their legal consequences.

Amendment 165[edit]

  • Bill NEWTON DUNN: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6
6. Member States shall ensure that where contracts are concluded
between subscribers and undertakings providing electronic
communications services and/or networks, subscribers are clearly
informed in advance of the conclusion of the contract and regularly
thereafter of their obligations to respect copyright and related
rights. Without prejudice to Directive 2000/31/EC on electronic
commerce, this includes the obligation to inform subscribers of the
most common acts of infringements and their legal consequences.

Amendment 235[edit]

  • Zuzana ROITHOVÁ: Article 1 – point 16 amending Directive 2002/22/EC Article 28 – paragraph 2
2. In order to ensure that end users have effective access to
numbers and services in the Community, the Commission may, having
consulted the Authority, adopt technical implementing measures. These
measures designed to amend nonessential elements of this Directive by
supplementing it shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 37(2).  On imperative
grounds of urgency, the Commission may use the urgency procedure
referred to in Article 37(3).

Amendment 285[edit]

  • Maria MATSOUKA: Article 2 – point 4 amending Directive 2002/58/EC Article 5 – paragraph 3
3. Member States shall ensure that the storing of information, or
gaining access to information already stored, in the terminal
equipment of a subscriber or user is prohibited unless the
subscriber has given explicit acknowledgement that clear,
easily accessible and comprehensive information has been
provided in accordance with Directive 95/46/EC, inter alia
about the purposes of the processing and is offered the right to
refuse such processing by the data controller. This shall not prevent
any technical storage or access for the sole purpose of carrying out
or facilitating the transmission of a communication over an
electronic communications network, or as strictly necessary in order
to provide an information society service explicitly requested by the
subscriber or user.  Standard clauses allowing such access or
storage shall be considered unlawful under the terms of
Directive 93/13/EEC.

COD/2007/0249 EECMA[edit]

Creation of the European Electronic Communications Market Authority ("Telecoms Package")

ITRE Committee, rapporteur Pilar del CASTILLO VERA

This last directive of the Telecoms Package hopefully does not address three strikes approach. However, please support the Hammerstein amendments.

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