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

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(Amendment 154 -)
(Amendment 344 +)
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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.
 
This AM would enable anyone to propose new number-independent communications services without having to get an authorisation. This would facilitate innovation.
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=== Amendment 373 + ===
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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 373'''<br/>
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Julia Reda<br/>
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'''Verts/ALE'''<br/>
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Article 39 – paragraph 2 – subparagraph 1
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|-
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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Member States shall encourage the use of the standards and/or specifications referred to in paragraph 1, for the provision of services, technical interfaces and/or network functions, to the extent strictly necessary to ensure interoperability of services '''''and''''' to improve freedom of choice for users.
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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Member States shall encourage the use of the standards and/or specifications referred to in paragraph 1, for the provision of services, technical interfaces and/or network functions, to the extent strictly necessary to ensure interoperability '''''and interconnectivity''''' of services '''''in order''''' to improve freedom of choice for users '''''and facilitate switching'''''.
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|-
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| colspan='2' |
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''Justification: This amendment is necessary for the internal logic and coherence of the text''
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|}
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Interconnectivity
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=== Amendment 377 ++ ===
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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: #44C92C; text-align:center;' |
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'''Amendment 377'''<br/>
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Julia Reda<br/>
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'''Verts/ALE'''<br/>
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Article 40 – paragraph 1
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|-
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services.
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to '''''ensure that, whenever technically feasible, electronic communications content is encrypted from end-to-end by default, in order to''''' prevent and minimise the impact of security incidents on users and on other networks and services.
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|-
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| colspan='2' |
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''Justification: This amendment is necessary to ensure that content are encrypted end-to-end for coherence with the GDPR.''
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|}
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Encryption
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=== Amendment 378 ++ ===
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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: #44C92C; text-align:center;' |
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'''Amendment 378'''<br/>
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Kaja Kallas<br/>
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'''ALDE'''<br/>
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Article 40 – paragraph 1
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|-
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services.
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to '''''ensure that electronic communications content are encrypted from end-to-end by default, in order to''''' prevent and minimise the impact of security incidents on users and on other networks and services.
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|}
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Encryption
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=== Amendment 380 + ===
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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 380'''<br/>
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Julia Reda<br/>
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'''Verts/ALE'''<br/>
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Article 40 – paragraph 1 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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'''''1 a. Member States shall not impose any obligation on providers of public communications networks or publicly available electronic communications services that would result in a weakening of the security of their networks or services. Where Member States impose additional security requirements on providers of public communications networks or publicly available electronic communications services in more than one Member State, they shall notify these measures to the Commission and ENISA. ENISA shall assist Member States in coordinating the measures taken to avoid duplication or diverging requirements that may create security risks and barriers to the internal market.'''''
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|-
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| colspan='2' |
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''Justification: This amendment is necessary to ensure coherence with GDPR''
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|}
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security requirements
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=== Amendment 381 + ===
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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 381'''<br/>
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Kaja Kallas<br/>
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'''ALDE'''<br/>
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Article 40 – paragraph 1 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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'''''1 a. Member States shall not impose any obligation to undertakings providing public communications networks or publicly available electronic communications services that would result in the weakening of the security of their networks and services.'''''
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|}
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Security
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=== Amendment 400 - ===
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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 400'''<br/>
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Andreas Schwab<br/>
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'''EPP'''<br/>
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Article 41 – paragraph 2 – introductory part
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|-
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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2. Member States shall ensure that competent authorities have the power to require undertakings providing public communications networks or publicly available '''''electronic communications''''' services to:
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2. Member States shall ensure that competent authorities have the power to require undertakings providing public communications networks''''', publicly available voice communication services''''' or publicly available '''''Internet Access''''' Services to:
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|}
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Aim to exclude non-numbering communication services from the scope.
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=== Amendment 408 ++ ===
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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: #44C92C; text-align:center;' |
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'''Amendment 408'''<br/>
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Julia Reda<br/>
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'''Verts/ALE'''<br/>
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Article 55 – 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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Where that provision is not commercial in character or is ancillary to another commercial activity or public service which is not dependent on the conveyance of signals on those networks, any undertaking, public authority or '''''end-user''''' providing such access shall not be subject to any general authorisation for the provision of electronic communications networks or services pursuant to Article 12, to obligations regarding '''''end-users''''' rights pursuant to Title III of Part III of this Directive '''''nor''''' to obligations to interconnect their networks pursuant to Article 59 (1).
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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Where that provision is not commercial in character or is ancillary to another commercial activity or public service which is not dependent on the conveyance of signals on those networks, any undertaking, public authority or '''''user''''' providing such access shall not be subject to any general authorisation for the provision of electronic communications networks or services pursuant to Article 12, to obligations regarding '''''users''''' rights pursuant to Title III of Part III of this Directive''''',''''' to obligations to interconnect their networks pursuant to Article 59 (1) '''''nor to an obligation to identify third parties using such access. Individuals providing such access not-for-profit shall not be liable for information transmitted by third parties over such access'''''.
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|-
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| colspan='2' |
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''Justification: The Proposal intends to foster the development of radio local area networks, especially where they provide services which are not commercial in character. The development of such networks mainly depends on the personal participation of individual volunteers, who expend the networks by managing their own relays and access points. However, such a participation is hindered by several laws which seek to prevent the sharing of Internet connections amongst several users by making people responsible (and potentially liable) for all communication made through their Wi-Fi connection, and create legal risks for people sharing their connection.Furthermore, the “mere conduit” principle shall not be circumvented by imposing dangerous and ineffective obligations on operators. The Advocate General of the CJEU explained in the case C 484/14 (McFadden) that imposing on Wi-Fi network operators an obligation “to identify users and to retain their data” would be “clearly disproportionate” as it “would not in itself be effective”. He stated that, “given the ease with which they may be circumvented, security measures are not effective in preventing specific infringements”.Indeed, since Wi-Fi network operators are not legally entitled to check users’ identity, those intending to commit offences through the network may simply not give their true identity. Meanwhile, other users would have their personal data stored and associated with their name for no reason, unnecessarily affecting their fundamental right to the protection of personal data.Public authorities may identify offenders in much more effective ways through direct surveillance and interceptions.''
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|}
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McFadden AM
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=== Amendment 409 + ===
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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 409'''<br/>
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Marlene Mizzi, Maria Grapini, Marc Tarabella<br/>
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'''S&D'''<br/>
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Article 55 – paragraph 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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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.
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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2. Competent authorities '''''may''''' 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 '''''to''''' the prior informed '''''and explicit''''' agreement of the end-user '''''and to the condition that the bandwidth contracted by the end-user shall not be impacted/reduced. End-users that agree to make available publicy available radio local area networks deliver through their terminal equipment and/or that use the electronic communication service they are a subscriber of, shall never be deemed liable for any activity undertaking by another person or legal entity connected through the radio local area network'''''.
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|}
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It is of the utmost importance to ensure that the users are not liable for any use of the radio local area network by a third party.
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=== Amendment 411 ++ ===
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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: #44C92C; text-align:center;' |
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'''Amendment 411'''<br/>
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Julia Reda<br/>
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'''Verts/ALE'''<br/>
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Article 55 – paragraph 3 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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'''''3 a. In line, in particular, with recital (19) of Directive 2014/53/EU of the European Parliament and of the Council, manufacturers of radio equipment are exempted from demonstrating the compliance of the combination of the radio equipment and software, where such software may be freely used, studied, modified and distributed, even after been modified, by anyone. These manufacturers shall not restrict the rights of users to load such software into their radio equipment.'''''
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|-
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| colspan='2' |
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''Justification: Article 3.3(i) of Directive 2014/53/EU of the European Parliament and of the Council provides that device manufacturers have to check every software which can be loaded on the device regarding its compliance with applicable radio regulations (e.g. signal frequency and strength).However, recital (19) of this Directive provides that “verification by radio equipment of the compliance of its combination with software should not be abused in order to prevent its use with software provided by independent parties. The availability to public authorities, manufacturers and users of information on the compliance of intended combinations of radio equipment and software should contribute to facilitate competition”.Article 3.3(i) is not only a severe burden for manufacturers but also violating the customers' rights of free choice. They will be locked in to software of the manufacturers because they cannot choose the software and hardware independently anymore. This aspect is crucial because alternative, especially Free Software, often satisfies special requirements regarding security, technical features and standards.It may severely hinder the development of radio local area networks which relays and access points (radio equipments) are managed by individual volunteers using custom Free Software adapted to such networks. Since Free Software may be freely studied and improved by anyone, they should not be subject to the restriction imposed by article 3.3(i).''
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|}
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Ability to use free software
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=== Amendment 412 - ===
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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 412'''<br/>
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Ivan Štefanec<br/>
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'''EPP'''<br/>
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Article 59 – paragraph 1 – subparagraph 1
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|-
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National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.
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|width='50%' style='vertical-align:top;border-top:none;border-bottom:none;'|
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National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of '''''Internet Access, number-based Interpersonal Communications''''' Services '''''and of electronic Communication Networks,''''' , exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed. '''''They shall ensure that interoperability obligations remain proportionate and do not hinder the innovation potential of ECS providers that invest in the development of new technologies.'''''
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|}
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Limitation of interoperability that could put an end to the efforts to make the electronic communication services interoperable.

Revision as of 13:41, 18 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.

Amendment 373 +

Amendment 373
Julia Reda
Verts/ALE
Article 39 – paragraph 2 – subparagraph 1

Member States shall encourage the use of the standards and/or specifications referred to in paragraph 1, for the provision of services, technical interfaces and/or network functions, to the extent strictly necessary to ensure interoperability of services and to improve freedom of choice for users.

Member States shall encourage the use of the standards and/or specifications referred to in paragraph 1, for the provision of services, technical interfaces and/or network functions, to the extent strictly necessary to ensure interoperability and interconnectivity of services in order to improve freedom of choice for users and facilitate switching.

Justification: This amendment is necessary for the internal logic and coherence of the text


Interconnectivity


Amendment 377 ++

Amendment 377
Julia Reda
Verts/ALE
Article 40 – paragraph 1

1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services.

1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to ensure that, whenever technically feasible, electronic communications content is encrypted from end-to-end by default, in order to prevent and minimise the impact of security incidents on users and on other networks and services.

Justification: This amendment is necessary to ensure that content are encrypted end-to-end for coherence with the GDPR.


Encryption


Amendment 378 ++

Amendment 378
Kaja Kallas
ALDE
Article 40 – paragraph 1

1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services.

1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to ensure that electronic communications content are encrypted from end-to-end by default, in order to prevent and minimise the impact of security incidents on users and on other networks and services.


Encryption


Amendment 380 +

Amendment 380
Julia Reda
Verts/ALE
Article 40 – paragraph 1 a (new)

1 a. Member States shall not impose any obligation on providers of public communications networks or publicly available electronic communications services that would result in a weakening of the security of their networks or services. Where Member States impose additional security requirements on providers of public communications networks or publicly available electronic communications services in more than one Member State, they shall notify these measures to the Commission and ENISA. ENISA shall assist Member States in coordinating the measures taken to avoid duplication or diverging requirements that may create security risks and barriers to the internal market.

Justification: This amendment is necessary to ensure coherence with GDPR


security requirements


Amendment 381 +

Amendment 381
Kaja Kallas
ALDE
Article 40 – paragraph 1 a (new)

1 a. Member States shall not impose any obligation to undertakings providing public communications networks or publicly available electronic communications services that would result in the weakening of the security of their networks and services.


Security


Amendment 400 -

Amendment 400
Andreas Schwab
EPP
Article 41 – paragraph 2 – introductory part

2. Member States shall ensure that competent authorities have the power to require undertakings providing public communications networks or publicly available electronic communications services to:

2. Member States shall ensure that competent authorities have the power to require undertakings providing public communications networks, publicly available voice communication services or publicly available Internet Access Services to:


Aim to exclude non-numbering communication services from the scope.


Amendment 408 ++

Amendment 408
Julia Reda
Verts/ALE
Article 55 – paragraph 1 – subparagraph 2

Where that provision is not commercial in character or is ancillary to another commercial activity or public service which is not dependent on the conveyance of signals on those networks, any undertaking, public authority or end-user providing such access shall not be subject to any general authorisation for the provision of electronic communications networks or services pursuant to Article 12, to obligations regarding end-users rights pursuant to Title III of Part III of this Directive nor to obligations to interconnect their networks pursuant to Article 59 (1).

Where that provision is not commercial in character or is ancillary to another commercial activity or public service which is not dependent on the conveyance of signals on those networks, any undertaking, public authority or user providing such access shall not be subject to any general authorisation for the provision of electronic communications networks or services pursuant to Article 12, to obligations regarding users rights pursuant to Title III of Part III of this Directive, to obligations to interconnect their networks pursuant to Article 59 (1) nor to an obligation to identify third parties using such access. Individuals providing such access not-for-profit shall not be liable for information transmitted by third parties over such access.

Justification: The Proposal intends to foster the development of radio local area networks, especially where they provide services which are not commercial in character. The development of such networks mainly depends on the personal participation of individual volunteers, who expend the networks by managing their own relays and access points. However, such a participation is hindered by several laws which seek to prevent the sharing of Internet connections amongst several users by making people responsible (and potentially liable) for all communication made through their Wi-Fi connection, and create legal risks for people sharing their connection.Furthermore, the “mere conduit” principle shall not be circumvented by imposing dangerous and ineffective obligations on operators. The Advocate General of the CJEU explained in the case C 484/14 (McFadden) that imposing on Wi-Fi network operators an obligation “to identify users and to retain their data” would be “clearly disproportionate” as it “would not in itself be effective”. He stated that, “given the ease with which they may be circumvented, security measures are not effective in preventing specific infringements”.Indeed, since Wi-Fi network operators are not legally entitled to check users’ identity, those intending to commit offences through the network may simply not give their true identity. Meanwhile, other users would have their personal data stored and associated with their name for no reason, unnecessarily affecting their fundamental right to the protection of personal data.Public authorities may identify offenders in much more effective ways through direct surveillance and interceptions.


McFadden AM


Amendment 409 +

Amendment 409
Marlene Mizzi, Maria Grapini, Marc Tarabella
S&D
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 may 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 to the prior informed and explicit agreement of the end-user and to the condition that the bandwidth contracted by the end-user shall not be impacted/reduced. End-users that agree to make available publicy available radio local area networks deliver through their terminal equipment and/or that use the electronic communication service they are a subscriber of, shall never be deemed liable for any activity undertaking by another person or legal entity connected through the radio local area network.


It is of the utmost importance to ensure that the users are not liable for any use of the radio local area network by a third party.


Amendment 411 ++

Amendment 411
Julia Reda
Verts/ALE
Article 55 – paragraph 3 a (new)

3 a. In line, in particular, with recital (19) of Directive 2014/53/EU of the European Parliament and of the Council, manufacturers of radio equipment are exempted from demonstrating the compliance of the combination of the radio equipment and software, where such software may be freely used, studied, modified and distributed, even after been modified, by anyone. These manufacturers shall not restrict the rights of users to load such software into their radio equipment.

Justification: Article 3.3(i) of Directive 2014/53/EU of the European Parliament and of the Council provides that device manufacturers have to check every software which can be loaded on the device regarding its compliance with applicable radio regulations (e.g. signal frequency and strength).However, recital (19) of this Directive provides that “verification by radio equipment of the compliance of its combination with software should not be abused in order to prevent its use with software provided by independent parties. The availability to public authorities, manufacturers and users of information on the compliance of intended combinations of radio equipment and software should contribute to facilitate competition”.Article 3.3(i) is not only a severe burden for manufacturers but also violating the customers' rights of free choice. They will be locked in to software of the manufacturers because they cannot choose the software and hardware independently anymore. This aspect is crucial because alternative, especially Free Software, often satisfies special requirements regarding security, technical features and standards.It may severely hinder the development of radio local area networks which relays and access points (radio equipments) are managed by individual volunteers using custom Free Software adapted to such networks. Since Free Software may be freely studied and improved by anyone, they should not be subject to the restriction imposed by article 3.3(i).


Ability to use free software


Amendment 412 -

Amendment 412
Ivan Štefanec
EPP
Article 59 – paragraph 1 – subparagraph 1

National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.

National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of Internet Access, number-based Interpersonal Communications Services and of electronic Communication Networks, , exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed. They shall ensure that interoperability obligations remain proportionate and do not hinder the innovation potential of ECS providers that invest in the development of new technologies.


Limitation of interoperability that could put an end to the efforts to make the electronic communication services interoperable.