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In the following amendments, additions and updates with regard to Commission's initial proposal are displayed in '''bold''', deletions are <s>stroke out</s>. Interesting amendments have been searched with terms in ''italic''. See also ''[[Telecom-Package_Compromise-Amendments_ITRE-IMCO_7th-July|compromised amendments]]'' (not published yet). ==COD/2007/0247== '''[http://www.europarl.europa.eu/oeil/file.jsp?id=5563972 Electronic communications: common regulatory framework for networks and services, access, interconnection and authorisation ("Telecoms Package" [amend. Directives 2002/19/EC to 2002/21/EC&#93;)]''' ''[[Eurodeputes_ITRE|ITRE Committee]], rapporteur [[CatherineTrautmann|Catherine TRAUTMANN]]'' * [http://www.europarl.europa.eu/meetdocs/2004_2009/documents/pr/720/720897/720897en.pdf Amendments 1-85 (rapporteur's draft report)] * [http://www.europarl.europa.eu/meetdocs/2004_2009/documents/am/725/725135/725135en.pdf Amendments 86-202] * [http://www.europarl.europa.eu/meetdocs/2004_2009/documents/am/725/725136/725136en.pdf Amendments 203-317] * [http://www.europarl.europa.eu/meetdocs/2004_2009/documents/am/725/725138/725138en.pdf Amendments 318-459] * [http://www.europarl.europa.eu/meetdocs/2004_2009/documents/am/725/725139/725139en.pdf Amendments 460-602] * [http://www.europarl.europa.eu/meetdocs/2004_2009/documents/am/726/726891/726891en.pdf Amendments 603-716] * [http://www.europarl.europa.eu/meetdocs/2004_2009/documents/am/727/727532/727532en.pdf Amendments 717-830] * [http://www.europarl.europa.eu/meetdocs/2004_2009/organes/itre/itre_20080707_1900.htm Vote in committee: 07/07/2008 19:00 h. Strasbourg SDM-S1] ===Amendments ''potentially dangerous''=== The amendments listed below include the terms ''lawful'', ''filter'', ''copyright'' or ''intellectual property'', it should be checked if they actually introduce ''three strikes approach''. ====Amendment 308==== * [[DominiqueVlasto|Dominique VLASTO]], [[RuthHieronymi|Ruth HIERONYMI]], [[IvoBelet|Ivo BELET]]: Article 1 – point 8 – point e a (new) amending Directive 2002/21/EC Article 8 – paragraph 4 – point ga (new) '''(ea) In paragraph 4, point is added: "(ga) ensuring that undertakings''' '''providing electronic communications services and networks cooperate''' '''with the sectors concerned in relation to the protection and''' '''promotion of ''lawful'' content on electronic communications services and''' '''networks".''' ====Amendment 122==== * [[DominiqueVlasto|Dominique VLASTO]], [[IvoBelet|Ivo BELET]]: Recital 15 a (new) '''(15a) Member States should encourage stakeholders to enter into''' '''cooperation arrangements to enable online services to run smoothly''' '''and to make for a high level of user confidence. In particular,''' '''electronic communications network and/or service providers and other''' '''stakeholders should be encouraged to work together to promote ''lawful''''' '''content and protect content online. Cooperation of this kind,''' '''extending beyond the regulatory framework without undermining it,''' '''could take the practical form of, for example, codes of conduct drawn''' '''up by, after being negotiated and approved among, the parties''' '''concerned. Such codes are already provided for in principle in many''' '''Community instruments, including for instance the Directive on''' '''electronic commerce (Directive 2000/31/EC, Article 16), the Directive''' '''on the enforcement of ''intellectual property'' rights (Directive''' '''2004/48/EC, Article 17), and the Directive on the protection of''' '''personal data (Directive 95/46/EC, Article 27). Cooperation among''' '''stakeholders along such lines is essential in order to promote online''' '''content, and European cultural content in particular, and to unleash''' '''the potential of the information society.''' ===Amendments ''potentially good''=== The amendments listed below correct Commission's text which included the expression ''lawful'', ''filter'', ''copyright'' or ''intellectual property'', it should be checked if they actually protect from ''three strikes approach''. ====Amendment 278==== * [[LambertVanNistelrooij|Lambert]]: Annex I – point 3 – point g amending Directive 2002/20/EC Annex I – Part A – point 19 <s>19. Compliance with national measures implementing Directive 2001/29/EC of the European Parliament and of the Council and Directive 2004/48/EC of the European Parliament and of the Council.</s> ==COD/2007/0248== '''[http://www.europarl.europa.eu/oeil/file.jsp?id=5563642 Electronic communications: universal service, users' rights relating to networks and services, processing of personal data, protection of privacy, consumer protection cooperation ("Telecoms Package" [amend. Directives 2002/22/EC, 2002/58/EC and Regulation (EC) No 2006/2004&#93;)]''' ''[[Eurodeputes_IMCO|IMCO Committee]], rapporteur [[MalcolmHarbour|Malcolm HARBOUR]]'' * [http://www.europarl.europa.eu/meetdocs/2004_2009/documents/pr/716/716943/716943en.pdf Amendments 1-60 (rapporteur's draft report)] * [http://www.europarl.europa.eu/meetdocs/2004_2009/documents/am/722/722911/722911en.pdf Amendments 61-292] * [http://www.europarl.europa.eu/meetdocs/2004_2009/organes/imco/imco_20080707_1900.htm Vote in committee: 07/07/2008 19:00 h. Strasbourg LOW N 1.3] ===Amendments ''potentially dangerous''=== The amendments listed below include the terms ''lawful'', ''filter'', ''copyright'' or ''intellectual property'', it should be checked if they actually introduce ''three strikes approach''. ====Amendment 18==== * [[MalcolmHarbour|Malcolm HARBOUR]]: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 2 – subparagraph 1 – point (b) (b) services provided, '''including in particular:''' '''- whether access to emergency services is included in the''' ''' services subscribed to,''' '''- information on any limitations imposed by the provider''' ''' regarding a subscriber's ability to access or distribute''' ''' ''lawful'' content or run ''lawful'' applications and services,''' '''- information on inclusion of subscriber information in''' ''' directories,''' - the service quality levels '''and types of maintenance services''' ''' offered,''' - the time for the initial connection''', and''' '''- any limitations on the use of terminal equipment imposed''' ''' by the provider;''' ====Amendment 23==== * [[MalcolmHarbour|Malcolm HARBOUR]]: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 2 – subparagraph 1 – point a (new) '''The contract shall also include any information on legally''' '''permissible uses of electronic communications networks and on''' '''means of protection against risks to privacy and personal data''' '''referred to in Article 21(4a) and relevant to the service''' '''provided.''' ====Amendment 31==== * [[MalcolmHarbour|Malcolm HARBOUR]]: Article 1 – point 12 amending Directive 2002/22/EC Article 21 – paragraph 4 4. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing '''connection to a public electronic communications network and/or''' electronic communications services to: '''(a)''' provide applicable tariff information to '''subscribers''' '''prior to connecting to any number or service subject to particular''' pricing conditions '''for that number or service;''' '''(b) regularly inform subscribers of any lack of access to''' '''emergency services in the service they have subscribed to;''' '''(c) inform subscribers of any change to any limitations imposed''' '''by the undertaking on their ability to access or distribute''' '''''lawful'' content or run ''lawful'' applications and services of their''' '''choice;''' '''(d) inform subscribers of their right to be included in a''' '''directory; and''' '''(e) regularly inform disabled subscribers of details of current''' '''products and services aimed at them.''' ====Amendment 32==== * [[MalcolmHarbour|Malcolm HARBOUR]]: Article 1 – point 12 amending Directive 2002/22/EC Article 21 – paragraph 4 a (new) '''4a. Member States shall ensure that national regulatory''' '''authorities are able to oblige the undertakings referred to''' '''in paragraph 4 to distribute information provided by them to''' '''existing and new subscribers, with respect to subscribers':''' '''(a) legally permissible usage of electronic communications''' '''services, including respect for protection of ''copyright'' and''' '''related rights; and''' '''(b) means of protection against risks to privacy and personal''' '''data in using electronic communications services. Any''' '''additional costs incurred by an undertaking in complying with''' '''these obligations shall be reimbursed by the national''' '''regulatory authority.''' ====Amendment 37==== * [[MalcolmHarbour|Malcolm HARBOUR]]: Article 1 – point 13 – point b amending Directive 2002/22/EC Article 22 – paragraph 3 3. In order to prevent degradation of service and slowing of traffic over networks, '''and to ensure that users’ ability to access or''' '''distribute ''lawful'' content or to run ''lawful'' applications and''' '''services of their choice is not unreasonably restricted,''' '''national regulatory authorities''' may adopt minimum quality of service requirements. '''A''' national regulatory authority '''may''' '''consider a limitation imposed by the operator on users' ability''' '''to access or distribute ''lawful'' content or to run ''lawful''''' '''applications and services of their choice as unreasonable if it''' '''discriminates according to source, destination, content, or''' '''type of application and is not duly justified by the operator.''' ====Amendment 146==== * [[ArleneMccarthy|Arlene McCARTHY]]: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 2 – subparagraph 1 – point (h) (h) the action that might be taken by the undertaking providing connection and/or services in reaction to security or integrity incidents or threats and vulnerabilities '''or the use of the''' '''service to commit ''unlawful'' activities'''. ====Amendment 158==== * [[MariaMatsouka|Maria MATSOUKA]]: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 5 5. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of a contract and regularly thereafter of any limitations imposed by the provider on their ability to access or distribute ''lawful'' content or run any ''lawful'' applications and services of their choice. '''The national''' '''regulatory authorities must ensure that any limits imposed''' '''by providers on the scope for subscribers to have access to''' '''or distribute legal content is legally justified and does not''' '''lead to discrimination.''' ====Amendment 160==== * [[CristianSilviuBusoi|Cristian Silviu BUŞOI]]: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 5 5. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services '''offering a connection to a public''' '''communications network''', subscribers are clearly informed in advance of the conclusion of a contract and regularly thereafter of any limitations imposed by the provider on their ability to access or distribute ''lawful'' content or '''to access or use''' any ''lawful'' applications and services of their choice. ====Amendment 160==== * [[SarunasBirutis|Šarūnas BIRUTIS]]: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 5 5. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of a contract and '''in case''' '''of any change''' of any limitations '''explicitly''' imposed by the provider on their ability to access or distribute ''lawful'' content or run any ''lawful'' applications and services of their choice. ====Amendment 169==== * [[JacquesToubon|Jacques TOUBON]]: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6 6. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of the contract and regularly thereafter of their obligations to respect ''copyright'' and related rights. Without prejudice to Directive 2000/31/EC on electronic commerce, this includes the obligation to inform subscribers of the most common acts of infringements and their legal consequences '''in a clear, comprehensive and easily accessible form'''. ====Amendment 171==== * [[ArleneMccarthy|Arlene McCARTHY]]: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6 b (new) '''6b. Member States shall ensure that where contracts are''' '''concluded between subscribers and undertakings providing''' '''electronic communications services and/or networks, those''' '''contracts provide for contractual sanctions to be applied and''' '''enforced against subscribers who misuse their connection to''' '''carry out ''unlawful'' and harmful activities.''' ====Amendment 173==== * [[CristianSilviuBusoi|Cristian Silviu BUŞOI]]: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6 d (new) '''6d. Member States shall ensure that subscriber contracts''' '''provide for a system of warnings and sanctions to be enforced''' '''against the subscriber if his connection is used for ''unlawful''''' '''purposes.''' ====Amendment 191==== * [[MalcolmHarbour|Malcolm HARBOUR]]: Article 1 – point 12 amending Directive 2002/22/EC Article 21 – paragraph 4a (new) '''4a. Member States shall ensure that national regulatory''' '''authorities oblige the undertakings referred to in paragraph 4''' '''to distribute public interest information to existing and new''' '''subscribers. Such information shall be produced by the relevant''' '''public authorities in a standardised format and may inter alia''' '''cover the following topics:''' '''(a) legally impermissible usage of electronic communications''' '''services, including infringement of ''copyright'' and related''' '''rights;''' '''(b) the most common legally impermissible uses of electronic''' '''communications services, including ''copyright'' infringement, and''' '''their consequences; and''' '''(c) means of protection against risks to personal security,''' '''privacy and personal data in using electronic communications''' '''services.''' '''Any additional costs incurred by an undertaking in complying''' '''with these obligations shall be reimbursed by the national''' '''regulatory authority.''' ====Amendment 192==== * [[BernadetteVergnaud|Bernadette VERGNAUD]]: Article 1 – point 12 amending Directive 2002/22/EC Article 21 – paragraph 5 5. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing electronic communications services and/or networks to provide information required in accordance with Article 20(5) '''and (6)''' to customers '''on a''' '''regular basis and''' in a clear, comprehensive and easily accessible form. '''National regulatory authorities shall ensure in particular that''' '''undertakings providing electronic communications services''' '''and/or networks provide regular information to their''' '''subscribers on:''' '''(a) the ''unlawful'' use of electronic communications services,''' '''particularly where it may prejudice respect for the rights and''' '''freedoms of others, and''' '''(b) the means of protection and limitations concerning personal''' '''data and privacy in the use of electronic communications''' '''services.''' ====Amendment 196==== * [[MalcolmHarbour|Malcolm HARBOUR]]: Article 1 – point 13 – point b amending Directive 2002/22/EC Article 22 – paragraph 3 3. In order to prevent '''anti-competitive blocking,''' degradation of service and slowing of traffic over networks, '''and to ensure''' '''that the ability of users to access or distribute ''lawful''''' '''content or to run ''lawful'' applications and services of their''' '''choice is not unreasonably restricted, national regulatory''' '''authorities may issue guidelines setting''' minimum quality of service requirements. '''National''' regulatory '''authorities may''' '''consider a restriction to be unreasonable if it is based on''' '''source, destination, content, or type of application, and if it''' '''cannot be rendered ineffective by transparency requirements''' '''imposed pursuant to Article 21(4)(c) and competition law''' '''remedies. The Commission may, having examined such guidelines''' '''and consulted [xxx], adopt technical implementing measures''' '''concerning minimum quality of service requirements.''' These measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 37(2). ====Amendment 200==== * [[BillNewtonDunn|Bill NEWTON DUNN]]: Article 1 – point 13 – point b amending Directive 2002/22/EC Article 22 – paragraph 3 3. In order to prevent degradation of service and slowing of traffic over networks, '''and to ensure that users’ ability to access or''' '''distribute ''lawful'' content or to run ''lawful'' applications and''' '''services of their choice is not unreasonably restricted,''' '''national regulatory authorities''' may adopt minimum quality of service requirements. National regulatory '''authorities may''' '''consider a limitation imposed by the operator on users' ability''' '''to access or distribute ''lawful'' content or to run ''lawful''''' '''applications and services of their choice as reasonable when it''' '''addresses congestion and capacity constraints and is duly''' '''justified by the operator.''' ====Amendment 233==== * [[ArleneMccarthy|Arlene McCARTHY]]: Article 1 – point 16 amending Directive 2002/22/EC Article 28 – paragraph 1 – subparagraph 2 National regulatory authorities shall be able to block on a case-by-case basis access to numbers or services where this is justified by reasons of '''''unlawful'' and harmful activity''' or misuse. ====Amendment 278==== * [[BernadetteVergnaud|Bernadette VERGNAUD]]: Annex I – Part B – point b b (new) amending Directive 2002/22/EC Annex I – Part B – point b b (new) '''(bb) Protection software Member States shall ensure that''' '''national regulatory authorities are able to require operators''' '''to make available free of charge to their subscribers reliable''' '''and easy-to-use protection and/or filtering software to control''' '''access by children or vulnerable people to ''unlawful'' or''' '''dangerous content.''' ====Amendment 4==== * [[MalcolmHarbour|Malcolm HARBOUR]]: Recital 14 (14) A competitive market should ensure that end-users are able to access and distribute any ''lawful'' content and to use any ''lawful'' applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should in any case be fully informed of any restrictions and/or limitations imposed on the use of electronic communications services by the service and/or network provider. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them in Directive 2002/19/EC to ensure that users’ access to particular types of content or applications is not unreasonably restricted. '''National regulatory authorities should''' '''be able to take action under Directive 2002/22/EC in case''' '''restrictions are unreasonably imposed in circumstances other''' '''than a lack of effective competition. Management of networks,''' '''for example in order to address congestion and capacity''' '''constraints and to enable new services, should not per se be''' '''considered as examples of an unreasonable restriction.''' ====Amendment 69==== * [[CristianSilviuBusoi|Cristian Silviu BUŞOI]]: Recital 14 (14) A competitive market should ensure that end-users are able to access and distribute any ''lawful'' content and to use any ''lawful'' applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should in any case be fully informed of any restrictions and/or limitations imposed on the use of electronic communications services by the service and/or network provider. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them in Directive 2002/19/EC to ensure that users’ access to content, '''services''' or applications is not unreasonably restricted '''in a way which is a de facto limitation of consumer''' '''choice of services available in the online marketplace.''' '''National regulatory authorities must act in a timely manner''' '''that is compatible with the needs of their national market to''' '''ensure transparency and non-discrimination in access to''' '''services and applications over public communications networks'''. ====Amendment 70==== * [[MalcolmHarbour|Malcolm HARBOUR]]: Recital 14 (14) A competitive market should ensure that end-users are able to access and distribute any ''lawful'' content and to use any ''lawful'' applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should in any case be fully informed of any restrictions and/or limitations imposed on the use of electronic communications services by the service and/or network provider. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them in Directive 2002/19/EC to ensure that users’ access to particular types of content or applications is not unreasonably restricted. '''It should also be possible to take''' '''action under Directive 2002/22/EC in case restrictions are''' '''unreasonably imposed. Management of networks in order to''' '''address congestion and capacity constraints and to enable new''' '''services should not per se be considered an example of an''' '''unreasonable restriction, and due account should be taken of''' '''the right of network and service operators to diversify their''' '''offerings in a competitive market. Since inconsistent remedies''' '''will significantly impair the achievement of the internal''' '''market, national regulatory authorities should initially set''' '''guidelines for operators to overcome any identified problems.''' '''The Commission should assess these guidelines as a basis for''' '''regulatory intervention to give effect to the guidelines across''' '''the Community.''' ====Amendment 71==== * [[BillNewtonDunn|Bill NEWTON DUNN]]: Recital 14 (14) A competitive market should ensure that end-users are able to access and distribute any ''lawful'' content and to use any ''lawful'' applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should in any case be fully informed of any restrictions and/or limitations imposed on the use of electronic communications services by the service and/or network provider. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them in Directive 2002/19/EC to ensure that users’ access to particular types of content or applications is not unreasonably restricted. '''National regulatory authorities should''' '''be able to take action under Directive 2002/22/EC in case''' '''restrictions are unreasonably imposed in circumstances other''' '''than a lack of effective competition. Management of networks, for''' '''example in order to address congestion and capacity constraints''' '''and to enable new services, should never be considered an''' '''example of an unreasonable restriction.''' ====Amendment 72==== * [[AndreBrie|AndreBrie]], [[MarcoRizzo|Marco RIZZO]]: Recital 14 (14) A competitive market should ensure that end-users are able to access and distribute any ''lawful'' content and to use any ''lawful'' applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should in any case be fully informed of any restrictions and/or limitations imposed on the use of electronic communications services by the service and/or network provider. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them in Directive 2002/19/EC to ensure that users’ access to particular types of content or applications is not unreasonably restricted. '''National regulatory authorities should''' '''be able to take action under Directive 2002/22/EC in case''' '''restrictions are unreasonably imposed in circumstances other''' '''than a lack of effective competition. Management of networks,''' '''in order to address congestion and capacity constraints, should''' '''not per se be considered an example of an unreasonable restriction.''' ====Amendment 73==== * [[StefanoZappala|Stefano ZAPPALA']]: Recital 14 (14) A competitive market should ensure that end-users are able to access and distribute any ''lawful'' content and to use any ''lawful'' applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should in any case be fully informed of any restrictions and/or limitations imposed on the use of electronic communications services by the service and/or network provider. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them in Directive 2002/19/EC to ensure that users’ access to particular types of content, services or applications is not unreasonably restricted '''and, for instance, that unreasonable''' '''wholesale access terms be addressed'''. ====Amendment 104==== * [[JacquesToubon|Jacques TOUBON]]: Recital 37 a (new) '''(37a) It should be remembered regarding this Directive that''' '''recital 3 of Directive 2004/48/EC of the European Parliament''' '''and of the Council of 29 April 2004 on the enforcement of''' '''''intellectual property'' rights, points out that, without''' '''effective means of enforcing ''intellectual property'' rights,''' '''innovation and creativity are discouraged and investment''' '''diminished. It is therefore necessary to ensure that the''' '''substantive law on ''intellectual property'', which is nowadays''' '''largely part of the acquis communautaire, is applied''' '''effectively in the Community. In this respect, the means of''' '''enforcing ''intellectual property'' rights are of paramount''' '''importance for the success of the internal market.''' ===Amendments ''potentially good''=== The amendments listed below correct Commission's text which included the expression ''lawful'', ''filter'', ''copyright'' or ''intelectual property'', it should be checked if they actually protect from ''three strikes approach''. ====Amendment 26==== * [[MalcolmHarbour|Malcolm HARBOUR]]: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 5 <s>5. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of a contract and regularly thereafter of any limitations imposed by the provider on their ability to access or distribute ''lawful'' content or run any ''lawful'' applications and services of their choice.</s> ====Amendment 27==== * [[MalcolmHarbour|Malcolm HARBOUR]]: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6 <s>6. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of the contract and regularly thereafter of their obligations to respect ''copyright'' and related rights. Without prejudice to Directive 2000/31/EC on electronic commerce, this includes the obligation to inform subscribers of the most common acts of infringements and their legal consequences.</s> ====Amendment 161==== * [[OthmarKaras|Othmar KARAS]]: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 5 5. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of a contract and <s>regularly</s> thereafter of any limitations imposed by the provider on their ability to access or distribute <s>''lawful''</s> content or run any <s>''lawful''</s> applications and services of their choice. ====Amendment 164==== * [[ZuzanaRoithova|Zuzana ROITHOVÁ]]: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6 <s>6. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of the contract and regularly thereafter of their obligations to respect ''copyright'' and related rights. Without prejudice to Directive 2000/31/EC on electronic commerce, this includes the obligation to inform subscribers of the most common acts of infringements and their legal consequences.</s> ====Amendment 165==== * [[BillNewtonDunn|Bill NEWTON DUNN]]: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6 <s>6. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of the contract and regularly thereafter of their obligations to respect ''copyright'' and related rights. Without prejudice to Directive 2000/31/EC on electronic commerce, this includes the obligation to inform subscribers of the most common acts of infringements and their legal consequences.</s> ====Amendment 235==== * [[ZuzanaRoithova|Zuzana ROITHOVÁ]]: Article 1 – point 16 amending Directive 2002/22/EC Article 28 – paragraph 2 <s>2. In order to ensure that end users have effective access to numbers and services in the Community, the Commission may, having consulted the Authority, adopt technical implementing measures. These measures designed to amend nonessential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 37(2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3).</s> ====Amendment 285==== * [[MariaMatsouka|Maria MATSOUKA]]: Article 2 – point 4 amending Directive 2002/58/EC Article 5 – paragraph 3 3. Member States shall ensure that the storing of information, or gaining access to information already stored, in the terminal equipment of a subscriber or user is '''prohibited unless the''' '''subscriber has given explicit acknowledgement that clear,''' easily accessible''' and comprehensive information '''has been''' '''provided''' in accordance with Directive 95/46/EC, inter alia about the purposes of the processing and is offered the right to refuse such processing by the data controller. This shall not prevent any technical storage or access for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network, or as strictly necessary in order to provide an information society service explicitly requested by the subscriber or user. '''Standard clauses allowing such access or''' '''storage shall be considered ''unlawful'' under the terms of''' '''Directive 93/13/EEC.''' ==COD/2007/0249 EECMA== '''[http://www.europarl.europa.eu/oeil/file.jsp?id=5563982 Creation of the European Electronic Communications Market Authority ("Telecoms Package")]''' ''[[Eurodeputes_ITRE|ITRE Committee]], rapporteur [[PilarDelCastilloVera|Pilar del CASTILLO VERA]]'' * [http://www.europarl.europa.eu/meetdocs/2004_2009/documents/pr/717/717944/717944en.pdf Amendments 1-132 (rapporteur's draft report)] * [http://www.europarl.europa.eu/meetdocs/2004_2009/documents/am/723/723731/723731en.pdf Amendments 133-249] * [http://www.europarl.europa.eu/meetdocs/2004_2009/organes/itre/itre_20080707_1900.htm Vote in committee: 07/07/2008 19:00 h. Strasbourg] '''This last directive of the ''Telecoms Package'' hopefully does not address ''three strikes approach''.''' However, please support the Hammerstein amendments. [[Category:Telecoms_Package]]

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