Telecoms Package Plenary Amendments

In the following amendments, additions and updates with regard to Commission's initial proposal are displayed in bold italics, deletions are stroke out.

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

Amendment 9

• Recital 12 c (new)

(12c) In order to address public interest issues with respect to the
use of communications services, and to encourage protection of the
rights and freedoms of others, the relevant national authorities
should be able to produce and have disseminated, with the aid of
providers, information related to the use of communications services.
This information should include warnings regarding copyright
infringement, other unlawful uses and dissemination of harmful
content, and advice and means of protection against risks to personal
security, which may for example arise from disclosure of personal
information in certain circumstances, privacy and personal data.  The
information could be coordinated by way of the cooperation procedure
established in Article 33(2a) of Directive 2002/22/EC. Such public
interest information should be produced either as a preventative
measure or in response to particular problems, should be updated
whenever necessary and should be presented in easily comprehensible
printed and electronic formats, as determined by each Member State,
and on national public authority websites. National regulatory
authorities should be able to oblige providers to disseminate this
information to their customers in a manner deemed appropriate by the
national regulatory authorities. Significant additional costs
incurred by service providers for dissemination of such information,
for example if the provider is obliged to send the information by
post and thereby incurs additional postage costs, should be agreed
between the providers and the relevant authorities and met by those
authorities. The information should also be included in contracts.

Amendment 71

• 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.