Telecoms Package Committes Amendements

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COD/2007/0247 Electronic communications: common regulatory framework for networks and services, access, interconnection and authorisation ("Telecoms Package" [amend. Directives 2002/19/EC to 2002/21/EC])

ITRE Committee, rapporteur Catherine TRAUTMANN

Amendments potentially dangerous

The amendments presented below include the expression lawful, it should be checked if they actually introduce three strikes approach.

(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".
(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.

COD/2007/0248 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])

IMCO Committee, rapporteur Malcolm HARBOUR

Amendments potentially dangerous

The amendments presented below include the expression lawful, it should be checked if they actually introduce three strikes approach.

  • Amendment 18, 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 31, 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 37, 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, 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, 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, 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.
(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.
(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.
(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.
(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.
(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.
(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.

Amendments potentially good

The amendments presented below correct Commission's text which included the expression lawful, it should be checked if they actually protect from three strikes approach.

  • Amendment 26, Malcolm HARBOUR: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 2 – subparagraph 1 – point (b)
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.
  • Amendment 161, 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
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.