Telecoms Package 2nd Reading ITRE IMCO Amendments

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 analyze deepened.

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

http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-420.223+01+DOC+PDF+V0//EN&language=EN

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

Amendment 42 -

• Article 1 – point 8 – point a amending Directive 2002/21/EC Article 8 – paragraph 1 – subparagraph 2

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

(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;.

COD/2007/0248 - Harbour report (universal services, ePrivacy)

http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-421.119+01+DOC+PDF+V0//EN&language=EN

DRAFT RECOMMENDATION FOR SECOND READING

on the Council common position for adopting a directive of the European Parliament and of the Council on amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities for the enforcement of consumer protection laws (16497/1/2008 – C6-0068/2009 – 2007/0248(COD))

Committee on the Internal Market and Consumer Protection (IMCO), rapporteur Malcolm HARBOUR