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

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(Amendment 75 -)
(Amendment 154 -)
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''Justification: Aligns the title to the removal of the word 'functional' from the text''
 
''Justification: Aligns the title to the removal of the word 'functional' from the text''
 
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=== Amendment 307 -- ===
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{| border='1' style='border-spacing:0;  width:100%;' cellpadding='30'
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|-
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| colspan='2' style='background-color: #A60000; text-align:center;' |
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'''Amendment 307'''<br/>
 +
Ivan Štefanec<br/>
 +
'''EPP'''<br/>
 +
Article 2 – paragraph 1 – point 4
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|-
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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(4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly '''''or mainly''''' in the conveyance of signals such as transmission services used for the provision of machine-to-machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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(4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly in the conveyance of signals such as transmission services used for the provision of machine-to-machine services and for broadcasting, but excludes '''''interpersonsal communication services as defined in paragraph (5) of the present Article, information society services, as defined in article 1 of Directive 98/34/EC, and''''' services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;
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|}
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Exclusion of interpersonsal communication services from the Code and thus could exclude it from ePrivacy as well - depending on the negotiations.
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=== Amendment 308 - ===
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{| border='1' style='border-spacing:0;  width:100%;' cellpadding='30'
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|-
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| colspan='2' style='background-color: #F55E33; text-align:center;' |
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'''Amendment 308'''<br/>
 +
Antonio López-Istúriz White, Roberta Metsola<br/>
 +
'''EPP'''<br/>
 +
Article 2 – paragraph 1 – point 4
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|-
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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(4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly '''''or mainly''''' in the conveyance of signals '''''such as transmission services used for the provision of machine-to-machine services and for broadcasting''''', but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;
 +
|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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(4) ‘electronic communications service' means a service normally provided for remuneration via '''''publicly available''''' electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly in the conveyance of signals, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;
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|-
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| colspan='2' |
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''Justification: The definition of services consisting of conveyance of signals should be limited to services which are exclusively used for connectivity (wholly consisting of the conveyance of signals). This clarification is required to avoid that services which are also used for other purposes than providing the mere connectivity or which simply require connectivity are considered to fall under this category and respective rules. Keeping the legacy and vague term "consisting ‘mainly’ in the conveyance of signals", does not conform to the principle of technology neutrality, maintains legal uncertainty and risks to severely harm the development of connected devices and services, if misinterpreted, e.g. the emerging market of the Internet of Things based on M2M.''
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|}
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Exclude the conveyance of signals and thus all broadcasting, from the Code. Could
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=== Amendment 309 - ===
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{| border='1' style='border-spacing:0;  width:100%;' cellpadding='30'
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|-
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| colspan='2' style='background-color: #F55E33; text-align:center;' |
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'''Amendment 309'''<br/>
 +
Andreas Schwab, Pascal Arimont, Antonio López-Istúriz White, Eva Maydell<br/>
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'''EPP'''<br/>
 +
Article 2 – paragraph 1 – point 4
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|-
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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4) „elektronische Kommunikationsdienste“: gewöhnlich gegen Entgelt über elektronische Kommunikationsnetze erbrachte Dienste, die „Internetzugangsdienste“ im Sinne der Begriffsbestimmung des Artikels 2 Absatz 2 der Verordnung (EU) 2015/2120 und/oder „interpersonelle Kommunikationsdienste“ und/oder Dienste umfasst, die ganz oder überwiegend in der Übertragung von Signalen bestehen, wie Übertragungsdienste, die für '''''die Maschine-Maschine-Kommunikation und für''''' den Rundfunk genutzt werden, jedoch ausgenommen Dienste, die Inhalte über elektronische Kommunikationsnetze und -dienste anbieten oder eine redaktionelle Kontrolle über sie ausüben;
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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4) „elektronische Kommunikationsdienste“: gewöhnlich gegen Entgelt über elektronische Kommunikationsnetze erbrachte Dienste, die „Internetzugangsdienste“ im Sinne der Begriffsbestimmung des Artikels 2 Absatz 2 der Verordnung (EU) 2015/2120 und/oder „interpersonelle Kommunikationsdienste“ und/oder Dienste umfasst, die ganz oder überwiegend in der Übertragung von Signalen bestehen, wie Übertragungsdienste, die für den Rundfunk genutzt werden, jedoch ausgenommen Dienste, die Inhalte über elektronische Kommunikationsnetze und -dienste anbieten oder eine redaktionelle Kontrolle über sie ausüben;
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|}
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Almost the same as AM 308
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=== Amendment 311 + ===
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{| border='1' style='border-spacing:0;  width:100%;' cellpadding='30'
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|-
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| colspan='2' style='background-color: #AEF279; text-align:center;' |
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'''Amendment 311'''<br/>
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Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy Anderson<br/>
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'''S&D'''<br/>
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Article 2 – paragraph 1 – point 5
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|-
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); '''''it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;'''''
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s);
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|-
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| colspan='2' |
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''Justification: Interpersonal communication services are increasingly becoming features of many complex, multi-featured digital services. Determining which one is the main service and thus all determine that all others are ancillary is likely going to be an increasingly difficult task to do.''
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|}
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Remove the exception of "services which enable interpersonal and interactive communication merely as a minor ancillary feature" - This could ensure an implementation similar to ePrivacy
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=== Amendment 312 - ===
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{| border='1' style='border-spacing:0;  width:100%;' cellpadding='30'
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|-
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| colspan='2' style='background-color: #F55E33; text-align:center;' |
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'''Amendment 312'''<br/>
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Ivan Štefanec<br/>
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'''EPP'''<br/>
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Article 2 – paragraph 1 – point 5
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|-
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it '''''does not include''''' services which enable interpersonal and interactive communication '''''merely as a minor''''' ancillary feature that is intrinsically linked to another service;
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it '''''includes''''' services which enable interpersonal and interactive communication '''''even as a''''' ancillary feature that is intrinsically linked to another service;
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|}
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=== Amendment 314 - ===
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{| border='1' style='border-spacing:0;  width:100%;' cellpadding='30'
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|-
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| colspan='2' style='background-color: #F55E33; text-align:center;' |
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'''Amendment 314'''<br/>
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Kaja Kallas<br/>
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'''ALDE'''<br/>
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Article 2 – paragraph 1 – point 5
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|-
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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(5) 'interpersonal communications service’ means a service normally provided for remuneration '''''that enables''''' direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); '''''it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;'''''
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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(5) 'interpersonal communications service' means a service normally provided for remuneration '''''where the principal purpose of the service is devoted to enabling''''' direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s);
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|}
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=== Amendment 315 - ===
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{| border='1' style='border-spacing:0;  width:100%;' cellpadding='30'
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|-
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| colspan='2' style='background-color: #F55E33; text-align:center;' |
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'''Amendment 315'''<br/>
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Lambert van Nistelrooij, Mihai Ţurcanu, Antanas Guoga, Sabine Verheyen<br/>
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'''EPP'''<br/>
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Article 2 – paragraph 1 – point 5
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|-
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the '''''persons''''' initiating or participating in the communication determine its recipient(s)''''';''''' it does not include services which enable interpersonal and interactive communication '''''merely''''' as a minor ancillary feature '''''that is intrinsically linked to another service;'''''
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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(5) 'interpersonal communications service' means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the '''''person(s)''''' initiating or participating in the communication determine its recipient(s)'''''. It is the nature of such a service that it is bidirectional.''''' It does not include services which enable interpersonal and interactive communication '''''only''''' as a minor ancillary feature'''''.'''''
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|}
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=== Amendment 330 + ===
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{| border='1' style='border-spacing:0;  width:100%;' cellpadding='30'
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|-
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| colspan='2' style='background-color: #AEF279; text-align:center;' |
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'''Amendment 330'''<br/>
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Marlene Mizzi, Nicola Danti, Maria Grapini, Marc Tarabella, Lucy Anderson<br/>
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'''S&D'''<br/>
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Article 3 – paragraph 1 – subparagraph 2
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|-
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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National regulatory and other competent authorities '''''may''''' contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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National regulatory and other competent authorities '''''shall''''' contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.
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|-
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| colspan='2' |
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''Justification: Despite the fact that the Directive does not lay down substantive rules regarding content and only on networks and services, national authorities need to play close attention to the impact that markets have on each other. The degree of competition in telecommunications markets can significantly impact media and content pluralism in Europe, reducing consumers’ ability to access the content and services of their choice.''
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|}
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This AM give the NRAs the obligation to take into account policies such as media pluralism
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=== Amendment 334 + ===
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{| border='1' style='border-spacing:0;  width:100%;' cellpadding='30'
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|-
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| colspan='2' style='background-color: #AEF279; text-align:center;' |
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'''Amendment 334'''<br/>
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Marlene Mizzi, Maria Grapini, Marc Tarabella<br/>
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'''S&D'''<br/>
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Article 3 – paragraph 2 – point c
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|-
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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(c) contribute to the development of the internal market by removing remaining obstacles to, and facilitating convergent conditions for, investment in and the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of spectrum, open innovation, the establishment and development of trans-European networks, the availability and interoperability of pan-European services, and end-to-end connectivity;
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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(c) contribute to the development of the internal market '''''in particular by ensuring effective and fair competition, as well as social and territorial cohesion''''' by removing remaining obstacles to, and facilitating convergent conditions for, investment in and the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of spectrum, open innovation, the establishment and development of trans-European networks, the availability and interoperability of pan-European services, and end-to-end connectivity '''''and equivalent access for all end-users''''';
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|}
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Insert the social and territorial cohesion as well as equality for end-users
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=== Amendment 335 + ===
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{| border='1' style='border-spacing:0;  width:100%;' cellpadding='30'
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|-
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| colspan='2' style='background-color: #AEF279; text-align:center;' |
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'''Amendment 335'''<br/>
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Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Olga Sehnalová, Lucy Anderson<br/>
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'''S&D'''<br/>
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Article 3 – paragraph 2 – point d
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|-
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability and take-up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high '''''and common''''' level of protection for end-users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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(d) promote the interests of the citizens of the Union, '''''cultural diversity and media pluralism and''''' including in the long term, by ensuring widespread availability and take-up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services '''''including through video, real time text, and relay services for end-users with disabilities''''', by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high level of '''''consumer''''' protection '''''through minimum harmonisation''''' for end-users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.
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|-
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| colspan='2' |
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''Justification: The Aim of the code should also be to create an inclusive electronic communication market for all end-users.''
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|}
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Insert cultural diversity and media pluralism, as well as a minimum harmonisation for consumer protection enabling Member States to get more protective rules
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=== Amendment 344 + ===
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{| border='1' style='border-spacing:0;  width:100%;' cellpadding='30'
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|-
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| colspan='2' style='background-color: #AEF279; text-align:center;' |
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'''Amendment 344'''<br/>
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Kaja Kallas<br/>
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'''ALDE'''<br/>
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Article 12 – paragraph 4 – subparagraph 2 a (new)
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|-
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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'''''Member States shall ensure that the taking up and pursuit of the activity of a number-independent communications service provider may not be made subject to prior authorisation or any other requirement having equivalent effect.'''''
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|}
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This AM would enable anyone to propose new number-independent communications services without having to get an authorisation. This would facilitate innovation.

Revision as of 16:27, 17 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

(i) to the extent necessary to ensure interoperability of interpersonal communications services and may include obligations relating to the use and implementation of standards or specifications listed in Article 39(1) or of any other relevant European or international standards; and

(ii) where the Commission, on the basis of a report that it had requested from BEREC, has found an appreciable threat to effective access to emergency services or to end-to-end connectivity between end-users within one or several Member States or throughout the European Union and has adopted implementing measures specifying the nature and scope of any obligations that may be imposed, in accordance with the examination procedure referred to in Article 110(4).

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

Scope

Unless otherwise provided, number-independent interpersonal communication services shall not fall within the scope of Articles 93 to 108.

(This should be placed after the title of TITLE III. If adopted, references to "other than number-independent" would be removed)

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 133 +

Amendment 133
Dita Charanzová
ALDE
Article 100 – paragraph 2 a (new)

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

Justification: these entities when acting as consumers should also be covered

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

Amendment 307 --

Amendment 307
Ivan Štefanec
EPP
Article 2 – paragraph 1 – point 4

(4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine-to-machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;

(4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly in the conveyance of signals such as transmission services used for the provision of machine-to-machine services and for broadcasting, but excludes interpersonsal communication services as defined in paragraph (5) of the present Article, information society services, as defined in article 1 of Directive 98/34/EC, and services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;


Exclusion of interpersonsal communication services from the Code and thus could exclude it from ePrivacy as well - depending on the negotiations.


Amendment 308 -

Amendment 308
Antonio López-Istúriz White, Roberta Metsola
EPP
Article 2 – paragraph 1 – point 4

(4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine-to-machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;

(4) ‘electronic communications service' means a service normally provided for remuneration via publicly available electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly in the conveyance of signals, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;

Justification: The definition of services consisting of conveyance of signals should be limited to services which are exclusively used for connectivity (wholly consisting of the conveyance of signals). This clarification is required to avoid that services which are also used for other purposes than providing the mere connectivity or which simply require connectivity are considered to fall under this category and respective rules. Keeping the legacy and vague term "consisting ‘mainly’ in the conveyance of signals", does not conform to the principle of technology neutrality, maintains legal uncertainty and risks to severely harm the development of connected devices and services, if misinterpreted, e.g. the emerging market of the Internet of Things based on M2M.


Exclude the conveyance of signals and thus all broadcasting, from the Code. Could


Amendment 309 -

Amendment 309
Andreas Schwab, Pascal Arimont, Antonio López-Istúriz White, Eva Maydell
EPP
Article 2 – paragraph 1 – point 4

4) „elektronische Kommunikationsdienste“: gewöhnlich gegen Entgelt über elektronische Kommunikationsnetze erbrachte Dienste, die „Internetzugangsdienste“ im Sinne der Begriffsbestimmung des Artikels 2 Absatz 2 der Verordnung (EU) 2015/2120 und/oder „interpersonelle Kommunikationsdienste“ und/oder Dienste umfasst, die ganz oder überwiegend in der Übertragung von Signalen bestehen, wie Übertragungsdienste, die für die Maschine-Maschine-Kommunikation und für den Rundfunk genutzt werden, jedoch ausgenommen Dienste, die Inhalte über elektronische Kommunikationsnetze und -dienste anbieten oder eine redaktionelle Kontrolle über sie ausüben;

4) „elektronische Kommunikationsdienste“: gewöhnlich gegen Entgelt über elektronische Kommunikationsnetze erbrachte Dienste, die „Internetzugangsdienste“ im Sinne der Begriffsbestimmung des Artikels 2 Absatz 2 der Verordnung (EU) 2015/2120 und/oder „interpersonelle Kommunikationsdienste“ und/oder Dienste umfasst, die ganz oder überwiegend in der Übertragung von Signalen bestehen, wie Übertragungsdienste, die für den Rundfunk genutzt werden, jedoch ausgenommen Dienste, die Inhalte über elektronische Kommunikationsnetze und -dienste anbieten oder eine redaktionelle Kontrolle über sie ausüben;


Almost the same as AM 308


Amendment 311 +

Amendment 311
Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy Anderson
S&D
Article 2 – paragraph 1 – point 5

(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;

(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s);

Justification: Interpersonal communication services are increasingly becoming features of many complex, multi-featured digital services. Determining which one is the main service and thus all determine that all others are ancillary is likely going to be an increasingly difficult task to do.


Remove the exception of "services which enable interpersonal and interactive communication merely as a minor ancillary feature" - This could ensure an implementation similar to ePrivacy


Amendment 312 -

Amendment 312
Ivan Štefanec
EPP
Article 2 – paragraph 1 – point 5

(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;

(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it includes services which enable interpersonal and interactive communication even as a ancillary feature that is intrinsically linked to another service;


Amendment 314 -

Amendment 314
Kaja Kallas
ALDE
Article 2 – paragraph 1 – point 5

(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;

(5) 'interpersonal communications service' means a service normally provided for remuneration where the principal purpose of the service is devoted to enabling direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s);


Amendment 315 -

Amendment 315
Lambert van Nistelrooij, Mihai Ţurcanu, Antanas Guoga, Sabine Verheyen
EPP
Article 2 – paragraph 1 – point 5

(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;

(5) 'interpersonal communications service' means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the person(s) initiating or participating in the communication determine its recipient(s). It is the nature of such a service that it is bidirectional. It does not include services which enable interpersonal and interactive communication only as a minor ancillary feature.


Amendment 330 +

Amendment 330
Marlene Mizzi, Nicola Danti, Maria Grapini, Marc Tarabella, Lucy Anderson
S&D
Article 3 – paragraph 1 – subparagraph 2

National regulatory and other competent authorities may contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.

National regulatory and other competent authorities shall contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.

Justification: Despite the fact that the Directive does not lay down substantive rules regarding content and only on networks and services, national authorities need to play close attention to the impact that markets have on each other. The degree of competition in telecommunications markets can significantly impact media and content pluralism in Europe, reducing consumers’ ability to access the content and services of their choice.


This AM give the NRAs the obligation to take into account policies such as media pluralism


Amendment 334 +

Amendment 334
Marlene Mizzi, Maria Grapini, Marc Tarabella
S&D
Article 3 – paragraph 2 – point c

(c) contribute to the development of the internal market by removing remaining obstacles to, and facilitating convergent conditions for, investment in and the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of spectrum, open innovation, the establishment and development of trans-European networks, the availability and interoperability of pan-European services, and end-to-end connectivity;

(c) contribute to the development of the internal market in particular by ensuring effective and fair competition, as well as social and territorial cohesion by removing remaining obstacles to, and facilitating convergent conditions for, investment in and the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of spectrum, open innovation, the establishment and development of trans-European networks, the availability and interoperability of pan-European services, and end-to-end connectivity and equivalent access for all end-users;


Insert the social and territorial cohesion as well as equality for end-users


Amendment 335 +

Amendment 335
Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Olga Sehnalová, Lucy Anderson
S&D
Article 3 – paragraph 2 – point d

(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability and take-up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common level of protection for end-users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

(d) promote the interests of the citizens of the Union, cultural diversity and media pluralism and including in the long term, by ensuring widespread availability and take-up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services including through video, real time text, and relay services for end-users with disabilities, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high level of consumer protection through minimum harmonisation for end-users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

Justification: The Aim of the code should also be to create an inclusive electronic communication market for all end-users.


Insert cultural diversity and media pluralism, as well as a minimum harmonisation for consumer protection enabling Member States to get more protective rules


Amendment 344 +

Amendment 344
Kaja Kallas
ALDE
Article 12 – paragraph 4 – subparagraph 2 a (new)

Member States shall ensure that the taking up and pursuit of the activity of a number-independent communications service provider may not be made subject to prior authorisation or any other requirement having equivalent effect.


This AM would enable anyone to propose new number-independent communications services without having to get an authorisation. This would facilitate innovation.