Paquet Telecom 2017/amendements LIBE

From La Quadrature du Net
< Paquet Telecom 2017
Revision as of 15:52, 2 May 2017 by Piks3l (talk | contribs) (Page créée avec « === Amendment 2 + === {| border='1' style='border-spacing:0; width:100%;' cellpadding='30' |- | colspan='2' style='background-color: #AEF279; text-align:center;' | '''Am... »)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to navigationJump to search

Amendment 2 +

Amendment 2
Morten Helveg Petersen
ALDE
Recital 5

(5) this Directive should create a legal framework to ensure the freedom to provide electronic communications networks and services, subject only to the conditions laid down in this Directive and to any restrictions in conformity with Article 52 (1) of the Treaty, in particular measures regarding public policy, public security and public health.

(5) This Directive should create a legal framework to ensure the freedom to provide electronic communications networks and services, subject only to the conditions laid down in this Directive and to any restrictions in conformity with Article 52 (1) of the Treaty, in particular measures regarding public policy, public security and public health, and with Article 52 (1) of the Charter of Fundamental Rights of the European Union (the Charter).

Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary because it is inextricably linked to other admissible amendments, in particular Amendment 20 on Article 12.


Amendment 3 +

Amendment 3
Morten Helveg Petersen
ALDE
Recital 6

(6) The provisions of this Directive are without prejudice to the possibility for each Member State to take the necessary measures justified on grounds set out in Articles 87 and 45 of the Treaty on the Functioning of the European Union, to ensure the protection of its essential security interests, to safeguard public policy, public morality and public security, and to permit the investigation, detection and prosecution of criminal offences.

(6) The provisions of this Directive are without prejudice to the possibility for each Member State to take the necessary measures justified on grounds set out in Articles 87 and 45 of the Treaty on the Functioning of the European Union, to ensure the protection of its essential security interests, to safeguard public policy and public security, and to permit the investigation, detection and prosecution of criminal offences, taking into account that such measures must be provided for by law, respect the essence of the rights and freedom recognised by the Charter and be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter.

Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary because it is inextricably linked to other admissible amendments, in particular Amendment 20 on Article 12.


Amendment 4 +

Amendment 4
Morten Helveg Petersen
ALDE
Recital 7

(7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations. It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21 . The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. The separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee media pluralism, cultural diversity and consumer protection.

(7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations. It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21 . The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. The separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee freedom of expression and information, media pluralism, cultural diversity, consumer protection, privacy and the protection of personal data.

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 as well as the coherence with other related legislative instruments, in particular the General Data Protection Regulation and the proposal for a regulation on ePrivacy.