Telecoms Package Committes Amendements
De La Quadrature du Net
Révision datée du 30 juin 2008 à 22:16 par Neurone2 (discussion | contributions)
Sommaire
- 1 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])
- 2 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])
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 1-85 (rapporteur's draft report)
- Amendments 86-202
- Amendments 203-317
- Amendments 318-459
- Amendments 460-602
- Amendments 603-716
- Amendments 717-830
Amendments potentially dangerous
The amendments presented below include the expression lawful, it should be checked if they actually introduce three strikes approach.
- Amendment 308, Dominique VLASTO, Ruth HIERONYMI, 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, Dominique VLASTO, 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.
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.
- Amendment 4, 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, 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, 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, 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, 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, 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.
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 andregularlythereafter of any limitations imposed by the provider on their ability to access or distributelawfulcontent or run anylawfulapplications and services of their choice.