Paquet Telecom 2017/amendements ITRE/Voting list

Voting list des amendements déposés en commission ITRE

Amendment 297 ++

Amendment 297 Morten Helveg Petersen ALDE Article 1 – paragraph 3 – indent 1
- obligations imposed by national law in accordance with Union law or by Union law in respect of services provided using electronic communications networks and services ; - measures taken at Union or national level, in compliance with Union law, to pursue general interest objectives, in particular relating to content regulation and audio-visual policy. - the provisions of Directive 2014/53/EU.	- obligations imposed by national law in accordance with Union law or by Union law in respect of services provided using electronic communications networks and services ; - measures taken at Union or national level, in compliance with Union law, to pursue general interest objectives, in particular relating to the protection of personal data and privacy, content regulation and audio-visual policy

Take into account the protection of personal data and privacy, content regulation and audio-visual policy

Amendment 298 ++

Amendment 298 Michel Reimon Verts/ALE Article 2 – paragraph 1 – point 1
(1) ‘electronic communications network’ means transmission systems, whether or not based on a permanent infrastructure or centralised administration capacity, and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;	(1) ‘electronic communications network’ means transmission systems, whether or not based on a permanent infrastructure or centralised administration capacity, and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed; it does not include network elements managed by individuals in the context of not-for-profit activities;
Justification: Individuals participating in a not-for-profit network (such as radio local area networks) or providing not-for-profit services shall not be subject to the obligations imposed on legal persons providing networks or services. Specifically, the strict obligations provided by the Directive 2002/58/CE would be disproportionate and impracticable if imposed on individual volunteers, who should only be subject to the obligations set by the General Data Protection Regulation.

Inclusion des orga non-profit.

Amendment 299 -

Amendment 299 Evžen Tošenovský ECR Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

(2) 'very high capacity network' means an publicly available electronic communications network which either consists wholly or partially of optical fibre elements.

Dérégulation sur la QoS + dérégulation sur les réseaux privés.

Amendment 301 +

Amendment 301 Michel Reimon Verts/ALE Article 2 – paragraph 1 – point 2
(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.	(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location corresponding in the fixed-line connection case to the premises and in the mobile connection case to the base station, or which is capable of delivering under usual peak-time conditions at least the same network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered at least the same regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Justification: Clarification included from the respective Recital 13. Moreover, strengthening the performance benchmark while lifting its upper limit. This clarifies that – independent of the used technology – better performing infrastructures would also be considered ‘very high capacity’.

Enhance def

Amendment 312 +

Amendment 312 Edouard Martin S&D Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the premises or which is capable of delivering under usual peak-time conditions at least similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Enhance def

Amendment 313 +

Amendment 313 Anne Sander, Françoise Grossetête S&D Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the premises or which is capable of delivering under usual peak-time conditions at least the same network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Same as 312

Amendment 316 ++

Amendment 316 Michel Reimon Verts/ALE 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 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 as well as not-for-profit-services provided by individuals;
Justification: Individuals participating in a not-for-profit network (such as radio local area networks) or providing not-for-profit services shall not be subject to the obligations imposed on legal persons providing networks or services. Specifically, the strict obligations provided by the Directive 2002/58/CE would be disproportionate and impracticable if imposed on individual volunteers, who should only be subject to the obligations set by the General Data Protection Regulation.

inclusion des non-profit 

Amendment 318 -

Amendment 318 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);
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Excludes ancillary interpersonal communication services from the scope

Amendment 319 -

Amendment 319 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana ENF 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 an electronic communications service whose primary purpose is to enable 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 an a minor ancillary feature that is intrinsically linked to another service;

Excludes ancillary interpersonal communication services from the scope

Amendment 325 -

Amendment 325 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana ENF Article 2 – paragraph 1 – point 7

(7) 'number-independent interpersonal communications service' means an interpersonal communications service which does not connect with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in national or international telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans;

(7) 'number-independent interpersonal communications service' means an interpersonal communications service which does not connect with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in the national telephone numbering plan, or by enabling communication with a number or numbers in national or international telephone numbering plans; it does not include information society services that allow interpersonal and interactive communication as a secondary feature;

Excludes information society services that allow interpersonal and interactive communication as a secondary feature from the scope

Amendment 333 ++

Amendment 333 Michel Reimon Verts/ALE Article 2 – paragraph 1 – point 23

(23) ‘general authorisation’ means a legal framework established by the Member State ensuring rights for the provision of electronic communications networks or services and laying down sector-specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with this Directive.

(23) ‘general authorisation’ means a legal framework established by the Member State ensuring rights for the provision of electronic communications networks or services and laying down sector-specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with this Directive, excluding not-for-profit-services provided by individuals.

Excluding not-for-profit-services provided by individuals is a way to enable innovation and development of services by individuals who would be discouraged from proposing services with administrative obligations

Amendment 334 -

Amendment 334 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana ENF Article 2 – paragraph 1 – point 26

(26) 'shared use of radio spectrum' means access by two or more users to use the same frequencies under a defined sharing arrangement, authorised by a national regulatory authority on the basis of a general authorisation, individual rights of use or a combination thereof, including regulatory approaches such as licenced shared access aiming to facilitate the shared use of a frequency band, subject to a binding agreement of all parties involved, in accordance with sharing rules as included in their rights of use so as to guarantee to all users predictable and reliable sharing arrangements, and without prejudice to the application of competition law;

(26) 'shared use of radio spectrum' means access by two or more users to use the same frequencies under a defined sharing arrangement, authorised by a national regulatory authority on the basis of a general authorisation, individual rights of use or a combination thereof;

This AM deletes the part that promotes the development of licenced shared access.

Amendment 343 +

Amendment 343 Kaja Kallas, Marietje Schaake ALDE 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 may contribute within their competencies to ensuring the implementation of policies aimed at the promotion of freedom of expression and information, cultural and linguistic diversity, as well as media pluralism.
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Promotes freedom of expression and information

Amendment 344 +

Amendment 344 Morten Helveg Petersen ALDE 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 may contribute within their competencies to ensuring the implementation of policies aimed at the protection of personal data and privacy, the promotion of cultural and linguistic diversity, as well as media pluralism.

Promotes the protection of personal data and privacy

Amendment 345 +

Amendment 345 Michel Reimon Verts/ALE 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 346 +

Amendment 346 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz 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: This provision aims at ensuring a strong commitment of NRA and other competent authorities with the promotion of cultural and linguistic diversity, and media pluralism.

Same as AM 344 - This AM give the NRAs the obligation to take into account policies such as media pluralism

Amendment 347 +

Amendment 347 David Borrelli, Dario Tamburrano EFDD 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: National authorities need to play close attention to the impact that markets have on each other.

Same as AM 344 - This AM give the NRAs the obligation to take into account policies such as media pluralism

Amendment 348 +

Amendment 348 Pervenche Berès S&D Article 3 – paragraph 1 – subparagraph 2
Les autorités de régulation nationales et les autres autorités compétentes peuvent contribuer, dans la limite de leurs compétences, à la mise en œuvre des politiques visant à promouvoir la diversité culturelle et linguistique ainsi que le pluralisme dans les médias.	Les autorités de régulation nationales et les autres autorités compétentes contribuent, dans la limite de leurs compétences, à la mise en œuvre des politiques visant à promouvoir la diversité culturelle et linguistique ainsi que le pluralisme dans les médias.

Same as AM 344 - This AM give the NRAs the obligation to take into account policies such as media pluralism

Amendment 356 +

Amendment 356 Michel Reimon Verts/ALE Article 3 – paragraph 2 – point a
(a) promote access to, and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;	(a) promote the availability and affordability of and access to very high capacity data connectivity, both fixed and mobile and of interpersonal communications services, by all Union citizens and businesses;
Justification: In a market economy where consumers can leverage their collective power, it should always be them (and not governments, regulators or companies) who freely decide whether they want to take up a new service or not. The objective of EU telecom regulation has always been to guide regulatory intervention towards the offer side of the market, ensuring wholesale and retail competition, and the availability of services and networks. If regulation would aim to guide the demand side of the market too, it could condition the promotion of efficiency, transparency and fairness in markets, and of consumer protection. The regulatory framework must therefore continue focusing on availability and affordability of services.

comment

Amendment 357 +

Amendment 357 Miapetra Kumpula-Natri, Dan Nica, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod S&D Article 3 – paragraph 2 – point a
(a) promote access to, and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;	(a) promote the availability and affordability of and access to, and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;
Justification: Both availability and affordability are important for bridging digital divide.

Same as 356 - comment

Amendment 363 -

Amendment 363 Anne Sander, Françoise Grossetête EPP Article 3 – paragraph 2 – point b
(b) promote competition in the provision of electronic communications networks and associated facilities, including efficient infrastructure-based competition, and in the provision of electronic communications services and associated services;	(b) promote sustainable competition in the provision of electronic communications networks and associated facilities, including efficient infrastructure-based competition, and in the provision of electronic communications services and associated services;

This AM seeks to lower the effects of the promotion of competition.

Amendment 382 +

Amendment 382 Michel Reimon Verts/ALE Article 3 – paragraph 3 – point f
(f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition on the retail market concerned and relaxing or lifting such obligations as soon as that condition is fulfilled.	deleted

This paragraph limits the ex-ante regulatory obligations in

Amendment 392 +

Amendment 392 Morten Helveg Petersen ALDE Article 4 – paragraph 1

1. Member States shall cooperate with each other and with the Commission in the strategic planning, coordination and harmonisation of the use of radio spectrum in the Union. To this end, they shall take into consideration, inter alia, the economic, safety, health, public interest, public security and defence, freedom of expression, cultural, scientific, social and technical aspects of EU policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and avoiding harmful interference.

1. Member States shall cooperate with each other and with the Commission in the strategic planning, coordination and harmonisation of the use of radio spectrum in the Union. To this end, they shall take into consideration, inter alia, the economic, safety, health, public interest, public security and defence, data protection and privacy, freedom of expression, cultural, scientific, social and technical aspects of EU policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and avoiding harmful interference.

Includes data protection

Amendment 393 -

Amendment 393 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana ENF Article 4 – paragraph 1

1. Member States shall cooperate with each other and with the Commission in the strategic planning, coordination and harmonisation of the use of radio spectrum in the Union. To this end, they shall take into consideration, inter alia, the economic, safety, health, public interest, public security and defence, freedom of expression, cultural, scientific, social and technical aspects of EU policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and avoiding harmful interference.

1. Member States shall cooperate with each other and with the Commission in the strategic planning, coordination and harmonisation of the use of radio spectrum, a scarce resource that belongs to the Member States. They might take into consideration, inter alia, the economic, safety, health, public interest, public security and defence, freedom of expression, cultural, scientific, social and technical aspects of EU policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and avoiding harmful interference.

We promotes the shared spectrum => emphasizing that spectrum belongs to the MS would diminish the scope and possibility to develop the shared spectrum.

Amendment 403 +

Amendment 403 Michel Reimon Verts/ALE Article 5 – paragraph 1 – subparagraph 2 – indent 8
- dealing with issues related to open internet access;	- ensuring compliance with rules related to open internet access;

Reinforce the importance of the open internet access rules

Amendment 404 +

Amendment 404 Eva Kaili S&D Article 5 – paragraph 1 – subparagraph 2 – indent 8
- dealing with issues related to open internet access;	- ensuring compliance with rules related to open internet access;

Same as 403 - Reinforce the importance of the open internet access rules

Amendment 415 ++

Amendment 415 Michel Reimon Verts/ALE Article 10 – paragraph 2 a (new)
	2 a. Member States shall ensure that national regulatory authorities apply Regulation 2015/2120 and BEREC Guidelines adopted pursuant to Article 5.3 of the abovementioned Regulation and coordinate within BEREC with other national regulatory authorities when implementing it.
Justification: The implementation of the regulation 2015/2120 is made on a national basis without any coordination of national regulation authorities, despite the BEREC guidelines.A harmonised implementation within the EU is of the utmost importance for predictability of law and for ensuring end-users rights.

The implementation of the regulation 2015/2120 is made on a national basis without any coordination of national regulation authorities, despite the BEREC guidelines. A harmonised implementation within the EU is of the utmost importance for predictability of law and for ensuring end-users rights.

Amendment 417 ++

Amendment 417 Morten Helveg Petersen ALDE Article 12 – paragraph 1

1. Member States shall ensure the freedom to provide electronic communications networks and services, subject to the conditions set out in this Directive. To this end, Member States shall not prevent an undertaking from providing electronic communications networks or services, except where this is necessary for the reasons set out in Article 52 (1) of the Treaty. Any such limitation to the freedom to provide electronic communications networks and services shall be duly reasoned and shall be notified to the Commission.

1. Member States shall ensure the freedom to provide electronic communications networks and services, subject to the conditions set out in this Directive. To this end, Member States shall not prevent an undertaking from providing electronic communications networks or services, except where this is necessary for the reasons set out in Article 52 (1) of the Treaty. Any such limitation to the freedom to provide electronic communications networks and services shall be duly reasoned, provided for by law, respect the essence of the rights and freedoms recognised by the Charter and be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter and notified to the Commission.

Charter

Amendment 420 -

Amendment 420 Michał Boni, Françoise Grossetête, Anne Sander EPP Article 18 – paragraph 1
1. Member States shall ensure that the rights, conditions and procedures concerning general authorisations and rights of use for radio spectrum or for numbers or rights to install facilities may only be amended in objectively justified cases and in a proportionate manner, taking into consideration, where appropriate, the specific conditions applicable to transferable rights of use for radio spectrum and for numbers.	1. Member States shall ensure that the rights, conditions and procedures concerning general authorisations and rights of use for radio spectrum or for numbers or rights to install facilities may only be amended in objectively justified cases and in a proportionate manner, taking into consideration, where appropriate, the specific conditions applicable to transferable rights of use for radio spectrum and for numbers. In the case of right of use for spectrum, the right holder shall have the right to object to any proposed amendment based on its existing and future spectrum usage plan and the need to safeguard investment.
Justification: Legal certainty as to spectrum usage rights is key to the promotion of investment in mobile networks and in particular in the next generation of mobile, 5G. It is proposed that operators be given the opportunity of objecting to spectrum rights changes on the basis of limited conditions such as future networks spectrum usage plans and the need to safeguard investment not yet fully depreciated.

This amendments does not enable the MS to make AM to a contract if needed.

Amendment 430 +

Amendment 430 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz S&D Article 20 – paragraph 1 – subparagraph 1
Member States shall ensure that undertakings providing electronic communications networks and services associated facilities, or associated services provide all the information, including financial information, necessary for national regulatory authorities, other competent authorities and BEREC to ensure conformity with the provisions of, or decisions made in accordance with, this Directive. In particular, national regulatory authorities shall have the power to require those undertakings to submit information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors. They may also require information on electronic communications networks and associated facilities which is disaggregated at local level and sufficiently detailed for the national regulatory authority to be able to conduct the geographical survey and to designate digital exclusion areas in accordance with Article 22. In accordance with Article 29, national regulatory authorities may sanction undertakings deliberately providing misleading, erroneous or incomplete information.	Member States shall ensure that national regulatory authorities, other competent authorities and BEREC have legal powers to request information, including financial information, from all relevant parties necessary to fulfilling their tasks and ensure conformity with the provisions of, or decisions made in accordance with, this Directive. In particular, national regulatory authorities shall have the power to require those undertakings to submit information concerning network or service developments that could have an impact on the wholesale services that they make available to competitors. They may also require information on electronic communications networks and associated facilities which is disaggregated at local level and sufficiently detailed for the national regulatory authority to be able to conduct the geographical survey and to designate digital exclusion areas in accordance with Article 22.
Justification: NRAs should have legal powers to request information to carry out their duties from any undertaking, whether or not it is defined as Electronic Communication Network/Service provider. This information is particularly relevant for market analyses

This AM reinforces the powers of NRAs to request information.

Amendment 565 ++

Amendment 565 Miapetra Kumpula-Natri, Dan Nica, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod, Martina Werner S&D 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, when necessary for confidentiality, 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: Encrypting communications content from end to end by default is the best way to effectively minimise the impact of security incidents.

Encrypting communications content from end to end by default is the best way to effectively minimise the impact of security incidents.

Amendment 566 ++

Amendment 566 Eva Kaili S&D 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, when necessary for confidentiality, 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.

Encrypting communications content from end to end by default is the best way to effectively minimise the impact of security incidents.

Amendment 567 ++

Amendment 567 Michel Reimon 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 ensure that electronic communications content are encrypted from end-to-end by default, in order 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.
Justification: Encrypting communications content from end to end by default is the only way to effectively minimise the impact of security incidents. Any other measure would barely has any effect.Furthermore, such an obligation would be the mere implementation of Directive 2002/58/EC, article 5(1), which prohibits any “kinds of interception or surveillance of communications (...) by persons other than users, without the consent of the users concerned”.

Encrypting communications content from end to end by default is the best way to effectively minimise the impact of security incidents.

Amendment 568 ++

Amendment 568 Kaja Kallas, Marietje Schaake 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.
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Encrypting communications content from end to end by default is the best way to effectively minimise the impact of security incidents.

Amendment 570 +

Amendment 570 Kaja Kallas, Marietje Schaake 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.

Comment

Amendment 575 +

Amendment 575 Miapetra Kumpula-Natri Article 40 – paragraph 3 – subparagraph 4 a (new)
	Member States shall ensure that in case of a particular risk of a security incident in public communications networks or publicly available electronic communications services providers of such networks or services shall inform their end-users of such a risk and of any possible protective measures or remedies which can be taken by the end-users.

Comment

Amendment 578 +

Amendment 578 Kaja Kallas, Marietje Schaake ALDE Article 40 – paragraph 5 a (new)
	5 a. By ...[date] in order to contribute to the consistent application of measures for the security of networks and services, ENISA, shall, after consulting stakeholders and in close cooperation with the Commission and BEREC issue guidelines on minimum criteria and common approaches for the security of networks and services and the promotion of the use of end-to-end encryption.

Security & encryption