Difference between revisions of "Paquet Telecom 2017/amendements IMCO"

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(Amendment 78 +)
(Amendment 94 --)
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=== Amendment 98 ++ ===
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'''Amendment 98'''<br/>
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Dita Charanzová<br/>
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'''ALDE'''<br/>
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Article 93 – paragraph 2
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2. Any of these measures regarding end-users’ access to, or use of, services and applications through electronic communications networks liable to restrict those fundamental rights or freedoms may only be imposed if they are provided for by law and respect the essence of those rights or freedoms, are appropriate, proportionate and necessary, and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others in line with Article 52(1) of the Charter of Fundamental Rights of the European Union and with general principles of Union law, including effective judicial protection and due process. Accordingly, these measures may only be taken with due respect for the principle of the presumption of innocence and the right to privacy. A prior, fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the Charter of Fundamental Rights of the European Union. The right to effective and timely judicial review shall be guaranteed.
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2. Any measures regarding end-users' access to, or use of, services and applications through electronic communications networks liable to limit the exercise of rights or freedoms recognised by the Charter may only be imposed if they are provided for by law and respect those rights or freedoms, are appropriate, proportionate, and necessary, and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others in line with Article 52(1) of the Charter and with general principles of Union law, including the right to an effective judicial protection and due process. Accordingly, these measures may only be taken with due respect for the principle of the presumption of innocence and the right to privacy. A prior, fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the Charter. The right to effective and timely judicial review shall be guaranteed.
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''Justification: clarification of wording''
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=== Amendment 104 + ===
 
=== Amendment 104 + ===

Revision as of 15:42, 2 May 2017

Amendment 66 --

Amendment 66
Dita Charanzová
ALDE
Article 55 – paragraph 2

2. Competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the end-user.

2. Competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation conditions and the prior informed agreement and express consent of the end-user.

Justification: an end-user should not by default or otherwise open their network to third parties without explicit consent


Sur la responsabilité et l'accès des tiers au réseau wifi.

Amendment 68 --

Amendment 68
Dita Charanzová
ALDE
Article 55 – paragraph 3 – subparagraph 2

To that end, providers of public communications networks or publicly available electronic communications services shall make available and actively offer, clearly and transparently, products or specific offers allowing its end-users to provide access to third parties through a radio local area network.

To that end, providers of public communications networks or publicly available electronic communications services may make available and actively offer, clearly and transparently, products or specific offers allowing its end-users, upon request to provide access to third parties through a radio local area network. Liability for actions carried out by a third-party though such access to an end-user’s RLAN equipment shall be borne by the provider and those third-parties that seek access.

Justification: An end-user should not be liable for the actions which they do not control. If a provider asks that they give access, the provider must bear the risk.


Rend les opérateurs responsables lorsqu'ils proposent un système de wifi ouvert (Freifunk, Free wifi, etc.).

Amendment 69 --

Amendment 69
Dita Charanzová
ALDE
Article 59 – paragraph 1 – subparagraph 2 – point c

(c) in justified cases, obligations on providers of number-independent interpersonal communications services to make their services interoperable, namely where access to emergency services or end-to-end connectivity between end-users is endangered due to a lack of interoperability between interpersonal communications services.

deleted

Justification: This point is unnecessary and counter to the principle of reserving the use of implementing and delegated acts to items which does not fundamentally change a body of a legislation. The potential requirements of (c) should be either included under the whole ordinary legislative procedure or not at all.


Enlève l'obligation d'interopérabilité sur les fournisseurs de services type Whatsapp, etc.

Amendment 70 --

Amendment 70
Dita Charanzová
ALDE
Article 59 – paragraph 1 – subparagraph 3

The obligations referred to in point (c) of the second subparagraph may only be imposed:

deleted

Justification: directly related to amendment on Paragraph 1(1)(c)


Enlève l'obligation d'interopérabilité sur les fournisseurs de services type Whatsapp, etc.

Amendment 71 +

Amendment 71
Dita Charanzová
ALDE
Article 79 – paragraph 1

1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available functional internet access and voice communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location.

1. Member States shall ensure that all consumers in their territory have access at an affordable price, in the light of specific national conditions, to an available internet access and voice communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location.

Justification: Universal Service is designed for the social welfare of private consumers. It is not a tool for providing access for businesses or other legal persons, therefore the term 'end-users' is not corrected for Title I. The Term 'functional' is not defined or needed. An internal access service is defined and covers all potential offerings under Universal service. 'Functional' seems only as a replacement for the word 'minimum' and that is set out in paragraph 2.


Amendment 73 -

Amendment 73
Dita Charanzová
ALDE
Article 79 – paragraph 2

2. Member States shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end-users in their territory. To that end, the functional internet access service shall be capable of supporting the minimum set of services set out in Annex V.

2. In accordance with BEREC guidelines, national regulatory authorities shall define the minimum functionality of the internet access service referred to in paragraph 1 with a view to reflect the services used by the majority of consumers in their territory or relevant parts of their territory. To that end, the internet access service shall be capable of supporting at least the minimum set of services set out in Annex V.

Justification: Member States may choice to define internet access service functionality on the basis of regional averages instead of whole Member States, which might lower average speeds for some, while for others might magnify an average beyond what infrastructure can support, especially in under populated rural areas. At the same time, it is necessary to the inclusion of a minimum set of services in annex V does not mean that services should be limited to those services alone and that EU rules on Net neutrality fully apply, this is made clear in the matching recital.


Définit les critères du service d'accès "fonctionnel".

Amendment 74 -

Amendment 74
Dita Charanzová
ALDE
Article 79 – paragraph 2 – subparagraph 1 a (new)

By ... [18 months after the date of entry into force of this Directive], BEREC shall, in order to contribute towards a consistent application of this Article, after consulting stakeholders and in close cooperation with the Commission, taking into account available Commission (Eurostat) data, adopt guidelines on the minimum quality of service requirements, including minimum bandwidth, necessary for an internet access service to support at least the minimum set of services set out in Annex V, based on the average use of such services by a majority of the population. Those guidelines shall be updated annually to reflect technological advances and changes in consumer usage patterns.

Justification: BEREC should set out guidelines on how to translate the annex V into practical quality of service requirements.

Amendment 75 -

Amendment 75
Dita Charanzová
ALDE
Article 79 – paragraph 3

3. When an end-user so requests, the connection referred to in paragraph 1 may be limited to support voice communications only.

3. When a consumer so requests, the connection referred to in paragraphs 1 and 1a may be limited to support voice communications only.

Justification: see paragraph 1a

Amendment 77 +

Amendment 77
Dita Charanzová
ALDE
Article 80 – paragraph 2

2. Where Member States establish that, in the light of national conditions, retail prices for services identified in Article 79(1) are not affordable, because low-income or special social needs end-users are prevented from accessing such services, they may require undertakings which provide such services to offer to those end-users tariff options or packages different from those provided under normal commercial conditions. To that end, Member States may require such undertakings to apply common tariffs, including geographic averaging, throughout the territory. Member States shall ensure that end-users entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in Article 79(1) and that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service.

2. Where Member States establish that, in the light of national conditions, retail prices for services identified in Article 79(1) are not affordable, because low-income or special social needs consumers are prevented from accessing such services, they shall require providers of such services to offer to those consumers tariff options or packages different from those provided under normal commercial conditions. To that end, Member States may require such undertakings to apply common tariffs, including geographic averaging, throughout the territory. Member States shall ensure that consumers entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in Article 79(1). Member States shall also ensure that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service.

Justification: If retail prices are found to be unaffordable then the Member States should act.


Amendment 78 +

Amendment 78
Dita Charanzová
ALDE
Article 80 – paragraph 3

3. Member States shall ensure that undertakings which provide tariff options or packages to low-income or special social needs end-users pursuant to paragraph 2, keep the national regulatory authorities informed of the details of such offers. National regulatory authorities shall ensure that the conditions under which undertakings provide tariff options or packages pursuant to paragraph 2 are fully transparent and are published and applied in accordance with the principle of non-discrimination. National regulatory authorities may require that specific schemes be modified or withdrawn.

3. Member States shall ensure that undertakings which provide tariff options or packages to low-income or special social needs consumers pursuant to paragraph 2, keep the national regulatory authorities informed of the details of such offers. Without prejudice on the freedom of the consumer to choose any provider, national regulatory authorities shall ensure that the conditions under which undertakings provide tariff options or packages pursuant to paragraph 2 are fully transparent and are published and applied in accordance with Article 92 and with the principle of non-discrimination. National regulatory authorities may require that specific schemes be modified or withdrawn.

Justification: Universal Service is designed for the social welfare of private consumers plus a cross reference is added

Amendment 79 +

Amendment 79
Dita Charanzová
ALDE
Article 80 – paragraph 4

4. Member States may, in the light of national conditions, ensure that support is provided to low-income or special social needs end-users in view of ensuring affordability of functional internet access and voice communications services at least at a fixed location.

4. Member States may, in the light of national conditions, ensure that further support is provided to low-income or special social needs consumers in view of ensuring affordability of internet access and voice communications services at least at a fixed location. Member States may also ensure support is provided to low-income or special social needs consumers for mobile services, where they deem this to be necessary to ensure a consumer's full social and economic participation in society.

Justification: While it is implied by the Commission's original text, it should be make clear that if a member state wishes to provide support for mobile internet and voice services instead of or in addition to fixed location service, it can do so.

Amendment 84 +

Amendment 84
Dita Charanzová
ALDE
Article 81 – paragraph 5

5. When an undertaking designated in accordance with paragraph 3 intends to dispose of a substantial part or all of its local access network assets to a separate legal entity under different ownership, it shall inform in advance the national regulatory authority in a timely manner, in order to allow that authority to assess the effect of the intended transaction on the provision at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voice communications service. The national regulatory authority may impose, amend or withdraw specific obligations in accordance with Article 13(2).

5. When a provider designated in accordance with paragraph 3 intends to dispose of a substantial part or all of its local access network assets to a separate legal entity under different ownership, it shall inform in advance the national regulatory authority in a timely manner, in order to allow that authority to assess the effect of the intended transaction on the provision at a fixed location of internet access service as defined in accordance with Article 79(2) and of voice communications service. The national regulatory authority may impose, amend or withdraw specific obligations in accordance with Article 13(2).

Justification: see above amendments


Amendment 94 --

Amendment 94
Dita Charanzová
ALDE
Article -92 (new)

Article -92

Justification: The parts of this title in regards for number-independent interpersonal communication services are already covered by other EU legislation or are not appropriate for such services. In order to prevent the same services to be subject to double regulation, they should be excluded here. NB: This amendment should not prejudice the rapporteur from changing this proposal in light of the final adopted DCD text.

Amendment 98 ++

Amendment 98
Dita Charanzová
ALDE
Article 93 – paragraph 2

2. Any of these measures regarding end-users’ access to, or use of, services and applications through electronic communications networks liable to restrict those fundamental rights or freedoms may only be imposed if they are provided for by law and respect the essence of those rights or freedoms, are appropriate, proportionate and necessary, and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others in line with Article 52(1) of the Charter of Fundamental Rights of the European Union and with general principles of Union law, including effective judicial protection and due process. Accordingly, these measures may only be taken with due respect for the principle of the presumption of innocence and the right to privacy. A prior, fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the Charter of Fundamental Rights of the European Union. The right to effective and timely judicial review shall be guaranteed.

2. Any measures regarding end-users' access to, or use of, services and applications through electronic communications networks liable to limit the exercise of rights or freedoms recognised by the Charter may only be imposed if they are provided for by law and respect those rights or freedoms, are appropriate, proportionate, and necessary, and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others in line with Article 52(1) of the Charter and with general principles of Union law, including the right to an effective judicial protection and due process. Accordingly, these measures may only be taken with due respect for the principle of the presumption of innocence and the right to privacy. A prior, fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the Charter. The right to effective and timely judicial review shall be guaranteed.

Justification: clarification of wording

Amendment 104 +

Amendment 104
Dita Charanzová
ALDE
Article 95 – paragraph 3

3. Paragraphs 1 and 2 shall apply also to micro or small enterprises as end-users unless they have explicitly agreed to waive all or parts of those provisions,

3. Paragraphs 1 and 2 shall apply also to micro or small enterprises and not-for-profit organisations as end-users unless they have expressly agreed to waive all or parts of those provisions,

Justification: Non-for-Profits should also be given this right.


Amendment 154 -

Amendment 154
Dita Charanzová
ALDE
Annex V – subheading 1

LIST OF SERVICES WHICH THE FUNCTIONAL INTERNET ACCESS SERVICE SHALL BE CAPABLE OF SUPPORTING IN ACCORDANCE WITH ARTICLE 79(2)

LIST OF SERVICES WHICH THE INTERNET ACCESS SERVICE IN ACCORDANCE WITH ARTICLE 79(2) SHALL BE CAPABLE OF SUPPORTING

Justification: Aligns the title to the removal of the word 'functional' from the text