Telecoms Package Plenary Amendments

In the following amendments, amended text with regard to Commission's initial proposal is highlighted in bold italics. In the case of amending acts, passages in an existing provision that the Commission has left unchanged, but that Parliament wishes to amend, are highlighted in bold. Any deletions that Parliament wishes to make in passages of this kind are ~~stroke out~~.

See also these amendments sorted by subject

Sommaire

1 COD/2007/0247 - Trautmann report (networks and services)
2 COD/2007/0248 - Harbour report (network user's rights, privacy, consumer protection, ...)

COD/2007/0247 - Trautmann report (networks and services)

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

The analyzed amendments have now been published on European Parliament website.

The following voting recommendations are just a draft after a quick first analyze. This page will be updated while our analyze is deepened.

Amendment 61 --

Article 1 – point 8 – point e amending Directive 2002/21/EC Article 8 – paragraph 4 – point g

(g) applying the principle that end-users should be able to access
and distribute any lawful content and use any lawful applications
and/or services of their choice and for this purpose contributing to
the promotion of lawful content in accordance with Article 33 of
Directive 2002/22/EC (Universal Service Directive).

Voting recommendation: against or should be amended as: "(g) applying the principle that endusers

should be able to access and distribute any content and use any applications and/or services of their choice".

Amendment 98 --

Article 2 – point 6 a (new) amending Directive 2002/19/EC Article 9 – paragraph 1

(6a) In Article 9, paragraph 1 is replaced by the following:

"1. National regulatory authorities may, in accordance with the
provisions of Article 8, impose obligations for transparency in
relation to interconnection and/or access, requiring operators to
make public specified information, such as accounting information,
technical specifications, network characteristics, restrictions on
access to services and applications, traffic management policies,
terms and conditions for supply and use, and prices."

Voting recommendation: reject or split vote to delete "restrictions on access to access to services and applications".

Amendment 100 --

Article 2 – point 8 amending Directive 2002/19/EC Article 12

1. A national regulatory authority may, in accordance with the
provisions of Article 8, impose obligations on operators to meet
reasonable requests for access to, and use of, specific network
elements and associated facilities, inter alia in situations where
the national regulatory authority considers that denial of access or
unreasonable terms and conditions having a similar effect would
hinder the emergence of a sustainable competitive market at the
retail level, or would not be in the end-user's interest.

Operators shall be required inter alia:

(a) to give third parties access to specified network elements and/or
facilities, including unbundled access to the local loop;

(b) to negotiate in good faith with undertakings requesting access;

(c) not to withdraw access to facilities already granted;

(d) to provide specified services on a wholesale basis for resale by
third parties;

(e) to grant open access to technical interfaces, protocols or other
key technologies that are indispensable for the interoperability of
services or virtual network services;

(f) to provide co-location or other forms of facility sharing,
including the sharing of ducts, buildings or entry to buildings,
antennae towers and other supporting constructions, masts, manholes,
cabinets and other network elements which are not active;

(fa) to provide third parties with a reference offer for the granting
of access to ducts;

(g) to provide specified services needed to ensure interoperability
of end-to-end services to users, including facilities for intelligent
network services or roaming on mobile networks;

(h) to provide access to operational support systems or similar
software systems necessary to ensure fair competition in the
provision of services;

(i) to interconnect networks or network facilities;

(j) to provide access to associated services such as identity,
location and presence capability.

National regulatory authorities may attach to those obligations
conditions covering fairness, reasonableness and timeliness.

2. When national regulatory authorities are considering whether to
impose the obligations referred in paragraph 1, and in particular
when assessing whether such obligations would be proportionate to the
objectives set out in Article 8 of Directive 2002/21/EC (Framework
Directive), they shall take account in particular of the following
factors:

(a) the technical and economic viability of using or installing
competing facilities, in the light of the rate of market development,
taking into account the nature and type of interconnection and access
involved, including the viability of other upstream access products
such as access to ducts;

(b) the feasibility of providing the access proposed, in relation to
the capacity available;

(c) the initial investment by the facility owner, bearing in mind any
public investment made and the risks involved in making the
investment, including an appropriate risk-sharing among those
undertakings enjoying access to these new facilities;

(d) the need to safeguard competition in the long term, in particular
infrastructure-based competition

(e) where appropriate, any relevant intellectual property rights;

(f) the provision of pan-European services.

3. When imposing obligations on an operator to provide access in
accordance with the provisions of this Article, national regulatory
authorities may lay down technical or operational conditions to be
met by the provider and/or beneficiaries of such access where
necessary to ensure normal operation of the network.  Obligations to
follow specific technical standards or specifications shall be in
compliance with the standards and specifications laid down in
accordance with Article 17 of Directive 2002/21/EC (Framework
Directive).

Voting recommendation: split vote to reject paragraph 2, point e.

Amendment 120 ++

Annex I – point 2 – point g amending Directive 2002/20/EC Annex I – part A – point 19

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.

Justification

It would be more efficient and welcome if discussion on the
protection of copyright and related issues on electronic
communications networks would be dealt with within the Content Online
consultation. This initiative intends to create the right environment
for a dialogue where all stakeholders from across the electronic
value chain can work together to find solutions that are based on
self-regulation and will be supported by all stakeholders.

Voting recommendation: for.

COD/2007/0248 - Harbour report (network user's rights, privacy, consumer protection, ...)

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

The analyzed amendments have now been published on European Parliament website.

The following voting recommendations are just a draft after a quick first analyze. This page will be updated while our analyze is deepened.

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.

Voting recommendation: against, also EDPS suggests to delete Amendment 9 altogether, or alternatively redrafting it to account for the following: 1) in the first sentence, add the qualifying phrase "public interest" to the word "information"; 2) in the second sentence the word "warnings" should be clarified to ensure that they are "public interest warnings"; 3) remove the reference to "a response to particular problems," which also evoke individual, rather than more generalized warnings.

Amendment 11 --

Recital 14

(14) End-users should decide what lawful content they want to be able
to send and receive, and which services, applications, hardware and
software they want to use for such purposes, without prejudice to the
need to preserve the integrity and security of networks and services.
A competitive market with transparent offerings as provided for in
Directive 2002/22/EC 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. Such information should, at the option of the
provider, specify either the type of content, application or service
concerned, or individual applications or services, or both.  Depending
on the technology used and the type of restriction and/or limitation,
such restrictions and/or limitations may require user consent under
Directive 2002/58/EC (Privacy Directive).

Voting recommendation: against or amend original text from Commission removing all mentions of "lawfulness".

Amendment 12 --

Recital 14 a (new)

(14a) A competitive market should also ensure that users are able to
have the quality of service they require, but in particular cases it
may be necessary to ensure that public communications networks attain
minimum quality levels so as to prevent degradation of service, usage
restrictions and/or limitations and the slowing of traffic.  Where
there is a lack of effective competition, national regulatory
authorities should use the remedies available to them under the
Directives establishing the regulatory framework for electronic
communications networks and services to ensure that users' access to
particular types of content or applications is not unreasonably
restricted. It should also be possible for national regulatory
authorities to issue guidelines setting minimum quality of service
requirements under Directive 2002/22/EC and to take other measures
where such other remedies have, in their judgement, not been
effective with regard to the interests of users and all other
relevant circumstances. Such guidelines or measures could include the
provision of a basic tier of unrestricted services.

Voting recommendation: against or amend the sentence "to ensure that users' access to particular types of content or applications is not unreasonably restricted" by: "to ensure that users' access to particular types of content or applications is guaranteed".

Amendment 13 --

Recital 14 b (new)

(14b) Management of networks in order to, for example, address
congestion and capacity constraints and to enable new services should
not per se be considered an example of a restriction requiring
intervention, and due account should be taken of the right of network
and service operators to diversify their offerings in a competitive
market, including through the imposition of reasonable usage
restrictions, price differentiation and other legitimate competitive
practices. Temporary non-compliance with any minimum quality of
service requirements due to unforeseeable circumstances beyond the
reasonable control of the service and/or network provider (force
majeure) should not be subject to sanctions.

Voting recommendation: against.

Amendment 14 --

Recital 14 c (new)

(14c) Since inconsistent remedies will significantly impair the
achievement of the internal market, the Commission should assess any
guidelines or other measures adopted by national regulatory
authorities for possible regulatory intervention across the Community
and, if necessary, adopt technical implementing measures in order to
achieve consistent application throughout the Community.

Voting recommendation: against.

Amendment 27 -

(Amendment 2 of the LIBE opinion) Recital 26 b (new)

(26b) When defining the implementing measures on the security of
processing, in accordance with the regulatory procedure with
scrutiny, the Commission should consult all relevant European
authorities and organisations (ENISA, the European Data Protection
Supervisor and the Article 29 Working Party) as well as all other
relevant stakeholders, particularly in order to be informed of the
best available technical and economic methods for improving the
implementation of Directive 2002/58/EC.

Voting recommendation: against.

- According to the WTO GPA a 'consultation participation' of vendors in procurement related activities is to be avoided. - ENISA is an institution without any practical merits.

Amendment 28 --

(Amendment 3 of the LIBE opinion) Recital 26 c (new)

(26c) The provisions of Directive 2002/58/EC particularise and
complement Directive 95/46/EC of the European Parliament and of the
Council of 24 October 1995 on the protection of individuals with
regard to the processing of personal data and on the free movement of
such data [OJ L 281, 23.11.1995, p. 31. Directive as amended by
Regulation (EC) No 1882/2003.] and provide for the legitimate
interests of subscribers who are natural or legal persons.

Voting recommendation: against.

Amendment 30 --

(Amendment 5 of the LIBE opinion) Recital 28 a (new)

(28a) For the purpose of Directive 2002/58/EC, Internet Protocol
addresses should be considered as personal data only if they can be
directly linked to an individual alone or in conjunction with other
data. By ... [Two years from the date of entry into force of this
Directive.], the Commission should propose specific legislation on
the legal handling of Internet Protocol addresses as personal data
within the framework of data protection following consultation of the
Article 29 Working Party and the European Data Protection Supervisor.

Voting recommendation: against, also EDPS suggests to remove the first sentence and to amend as "No later than XX 1, the Commission shall submit to the European Parliament, the Council, and the European Economic Social Committee a study and a report with recommendations on standard uses of IP addresses and the application of the ePrivacy and Data Protection (95/46/EC) Directives to their collection and further processing, following the consultation of the EDPS, the Article 29 Working Party, and other stakeholders to include industry representatives.".

Amendment 33 +

(Amendment 8 of the LIBE opinion) Recital 29

(29) A breach of security resulting in the loss or compromising
personal data of an individual subscriber may, if not addressed in an
adequate and timely manner, result in substantial economic loss and
social harm, including identity fraud. Therefore, the national
regulatory authority or other competent national authority should be
notified without delay. The notification should include information
about measures taken by the provider to address the breach, as well
as recommendations for the users affected. The competent authority
should consider and determine the seriousness of the breach. If the
breach is deemed to be serious the competent authority should require
the provider of publicly available electronic communications service
and the provider of information society services to give an
appropriate notification without undue delay to the persons affected
by the breach.

Voting recommendation: for.

-- better: "general information right" for users than "notification"

Amendment 34 -

(Amendment 9 of the LIBE opinion) Recital 30 a (new)

(30a) Article 15(1) of Directive 2002/58/EC should be construed as
meaning that disclosure of personal data in the context of Article 8
of Directive 2004/48/EC of the European Parliament and of the Council
of 29 April 2004 on the enforcement of intellectual property rights
[OJ L 157, 30.4.2004, p. 45.] is without prejudice to Directive
2002/58/EC or Directive 95/46/EC where it takes place following a
justified, i.e. sufficiently well-founded, and proportionate request
in accordance with procedures laid down by the Member States to
guarantee that these safeguards are respected.

Voting recommendation: against.

Amendment 35 --

(Amendment 10 of the LIBE opinion) Recital 30 b (new)

(30b) When implementing measures transposing Directive 2002/58/EC,
the authorities and courts of the Member States should not only
interpret their national law in a manner consistent with that
Directive, but should also ensure that they do not rely on an
interpretation of that Directive which would be in conflict with
other fundamental rights or general principles of Community law, such
as the principle of proportionality.

Voting recommendation: against.

Amendment 62 --

Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 2 – subparagraph 1 – point (b)

(b) services provided, including in particular:
- where access to emergency services and caller location information
  is to be provided under Article 26, the level of reliability of
  such access, where relevant, and whether access is provided in the
  whole of the national territory,
- information on any restrictions imposed by the provider regarding a
  subscriber's ability to access, use or distribute lawful content or
  run lawful applications and services,
- the service quality levels, with reference to any parameters
  specified under Article 22(2) as appropriate,
- types of maintenance and customer support services offered, as well
  as how to contact customer support,
- the time for the initial connection, and
- any restrictions on the use of terminal equipment imposed by the
  provider;

Voting recommendation: against or split vote removing the two mentions of "lawful".

Amendment 67 --

Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 2 – subparagraph 2

The contract shall also include any information provided by the
relevant public authorities on the use of electronic communications
networks and services to engage in unlawful activities or to
disseminate harmful content, and on the means of protection against
risks to personal security, privacy and personal data referred to in
Article 21(4a) and relevant to the service provided.

Voting recommendation: against.

Amendment 70 ++

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.

Voting recommendation: for

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.

Voting recommendation: for

Amendment 75 --

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 inter alia:

(a) provide applicable tariff information to subscribers regarding
any number or service subject to particular pricing conditions; with
respect to individual categories of services national regulatory
authorities may require such information to be provided prior to
connecting the call;

(b) regularly remind subscribers of any lack of reliable access to
emergency services or caller location information in the service they
have subscribed to;

(c) inform subscribers of any change to any restrictions imposed by
the undertaking on their ability to access, use or distribute lawful
content or run lawful applications and services of their choice;

(d) inform subscribers of their right to include their personal data
in a directory, and of the types of data concerned; and

(e) regularly inform disabled subscribers of details of current
products and services aimed at them.

If deemed appropriate, national regulatory authorities may promote
self-or co-regulatory measures prior to imposing any obligation.

Voting recommendation: against or split vote removing the two mentions of "lawful".

Amendment 76 --

Article 1 – point 12 amending Directive 2002/22/EC Article 21 – paragraph 4 a (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 where
appropriate. Such information shall be produced by the relevant
public authorities in a standardised format and shall inter alia
cover the following topics:

(a) the most common uses of electronic communications services to
engage in unlawful activities or to disseminate harmful content,
particularly where it may prejudice respect for the rights and
freedoms of others, including  infringements of copyright and related
right, and their consequences; and

(b) means of protection against risks to personal security, privacy
and personal data in using electronic communications services.
Significant additional costs incurred by an undertaking in complying
with these obligations shall be reimbursed by the relevant public
authorities.

Voting recommendation: against or split vote removing item a), also EDPS suggests to clarify in a recital, which could read as follows: "Cooperation procedures created pursuant to this Directive should not allow for systematic and proactive surveillance of Internet usage.".

Amendment 81 --

Article 1 – point 13 – point b amending Directive 2002/22/EC Article 22 – paragraph 3

3. A national regulatory authority may issue guidelines setting
minimum quality of service requirements, and, if appropriate, take
other measures, in order to prevent 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. Those guidelines or measures shall take due account of
any standards issued under Article 17 of Directive 2002/21/EC
(Framework Directive).

The Commission may, having examined such guidelines or measures and
consulted [xxx], adopt technical implementing measures in that regard
if it considers that the guidelines or measures may create a barrier
to the internal market. Those 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).

Voting recommendation: against or amend the sentence "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" by: "to ensure that the ability of users to access or distribute content or to run applications and services of their choice is guaranteed", also EDPS advises against this amendment.

Amendment 101 -

Article 1 – point 16 amending Directive 2002/22/EC Article 28 – paragraph 2 a (new)

2a. Member States shall ensure that national regulatory authorities
are able to require undertakings providing public communications
networks to provide information regarding the management of their
networks in connection with any limitations or restrictions on
end-user access to or use of services, content or applications.
Member States shall ensure that national regulatory authorities have
all the powers necessary to investigate cases in which undertakings
have imposed limitations on end-user access to services, content or
applications.

Voting recommendation: against.

Amendment 112 --

Article 1 – point 20 – point a a (new) amending Directive 2002/22/EC Article 33 – paragraph 2 a (new)

(aa) the following paragraph shall be added:

2a. Without prejudice to national rules in conformity with Community
law promoting cultural and media policy objectives, such as cultural
and linguistic diversity and media pluralism, national regulatory
authorities and other relevant authorities shall as far as
appropriate promote cooperation between undertakings providing
electronic communications networks and/or services and the sectors
interested in the promotion of lawful content in electronic
communication networks and services. That co-operation may also
include coordination of the public interest information to be made
available under Article 21(4a) and Article 20(2).

Voting recommendation: against, also EDPS suggests to clarify in a recital, which could read as follows: "Cooperation procedures created pursuant to this Directive should not allow for systematic and proactive surveillance of Internet usage.".

Amendment 117 --

Article 1 – point 21 amending Directive 2002/22/EC Article 34 – paragraph 1 – subparagraph 2 a (new)

Member States shall encourage trustworthy out-of-court procedures,
with specific regard to the interaction of audiovisual and electronic
communications.

Voting recommendation: against.

Amendment 122 --

(Amendment 19 of the LIBE opinion) Article 2 – point 3 – point a a (new) amending Directive 2002/58/EC Article 4 – paragraphs 1 a and 1 b (new)

(aa) the following paragraphs shall be inserted:

1a. Without prejudice to the provisions of Directive 95/46/EC and
Directive 2006/24/EC of the European Parliament and of the Council of
15 March 2006 on the retention of data generated or processed in
connection with the provision of publicly available electronic
communications services or of public communications networks [OJ L
105, 13.4.2006, p. 54.], these measures shall include:

- appropriate technical and organisational measures to ensure that
  personal data can be accessed only by authorised personnel for
  legally authorised purposes and to protect personal data stored or
  transmitted against accidental or unlawful destruction, accidental
  loss or alteration and unauthorised or unlawful storage,
  processing, access or disclosure;

- appropriate technical and organisational measures to protect the
  network and services against accidental, unlawful or unauthorised
  usage or interference with or hindering of their functioning or
  availability;

- a security policy with respect to the processing of personal data;

- a process for identifying and assessing reasonably foreseeable
  vulnerabilities in the systems maintained by the provider of
  electronic communications services, which shall include regular
  monitoring for security breaches; and

- a process for taking preventive, corrective and mitigating action
  against any vulnerabilities discovered in the process described
  under the fourth indent  and a process for taking preventive,
  corrective and mitigating action against security incidents that
  can lead to a security breach.

1b. National regulatory authorities shall be able to audit the
measures taken by providers of publicly available electronic
communication services and information society services and to issue
recommendations about best practices and performance indicators
concerning the level of security which these measures should achieve.

Voting recommendation: against.

"appropriate technical... measures to protect the network and services against ...unlawful or unauthorised usage...", together with the notion of "lawful uses" above means mandatory technical filtering.

Amendment 123 -

(Amendment 20 of the LIBE opinion) Article 2 – point 3 – point b amending Directive 2002/58/EC Article 4 – paragraph 3

3. In case of a breach of security leading to the accidental or
unlawful destruction, loss, alteration, unauthorised disclosure of or
access to personal data transmitted, stored or otherwise processed in
connection with the provision of publicly available communications
services in the Community which is likely to cause harm to users, the
provider of publicly available electronic communications services, as
well as any undertaking operating on the Internet and providing
services to consumers, which is the data controller and the provider
of information society services shall, without undue delay, notify
the national regulatory authority or the competent authority
according to the individual law of the Member State of such a breach.
The notification to the competent authority shall at least describe
the nature of the breach and recommend measures to mitigate its
possible negative effects. The notification to the competent
authority shall, in addition, describe the consequences of and the
measures taken by the provider to address the breach.

The provider of publicly available electronic communications
services, as well as any undertaking operating on the Internet and
providing services to consumers, which is the data controller and the
provider of information society services, shall notify their users
beforehand if they deem it necessary to avoid imminent and direct
danger to the rights and interests of consumers.

Amendment 124 -

(Amendment 21 of the LIBE opinion) Article 2 – point 3 – point b amending Directive 2002/58/EC Article 4 – paragraph 3 a (new)

3a. The competent authority shall consider and determine the
seriousness of the breach. If the breach is deemed to be serious, the
competent authority shall require the provider of publicly available
electronic communications services and the provider of information
society services to give an appropriate notification without undue
delay to the persons affected by the breach. The notification shall
contain the elements described in paragraph 3.

The notification of a serious breach may be postponed in cases where
the notification may hinder the progress of a criminal investigation
related to the serious breach.

Providers shall annually notify affected users of all breaches of
security that have led to the accidental or unlawful destruction,
loss or alteration or the unauthorised disclosure of or access to
personal data transmitted, stored or otherwise processed in
connection with the provision of publicly available communications
services in the Community.

National regulatory authorities shall also monitor whether companies
have complied with their notification obligations under this Article
and impose appropriate sanctions, including publication, as
appropriate, in the event of a failure to do so.

Amendment 125 -

(Amendment 22 of the LIBE opinion) Article 2 – point 3 – point b amending Directive 2002/58/EC Article 4 – paragraph 3 b (new)

3b. The seriousness of a breach requiring notification to subscribers
shall be determined according to the circumstances of the breach,
such as the risk to the personal data affected by the breach, the
type of data affected by the breach, the number of subscribers
involved, and the immediate or potential impact of the breach on the
provision of services.

Amendment 126 -

(Amendment 23 of the LIBE opinion) Article 2 – point 3 – point b amending Directive 2002/58/EC Article 4 – paragraph 3 c (new)

3c. The breach shall not be determined to be serious and the provider
of publicly available electronic communications services and the
provider of information society services shall be exempt from the
requirement to provide notification to the persons affected, if they
can demonstrate that there is no reasonable risk to the personal data
affected by the breach due to the use of appropriate technological
protection measures.

Technological protection measures in the event of accidental or
unlawful destruction, loss or alteration or unauthorized disclosure
of or access to personal data which are transmitted or stored shall
either render the data unintelligible to any third party, or in the
event of accidental or unlawful loss shall make the personal data
available to the provider of publicly available electronic
communication services and the provider of information society
services.

Amendment 127 -

(Amendment 24 of the LIBE opinion) Article 2 – point 3 – point b amending Directive 2002/58/EC Article 4 – paragraph 4 – subparagraph 1

4. In order to ensure consistency in implementation of the measures
referred to in paragraphs 1, 2, 3, 3a, 3b and 3c, the Commission
shall, following consultation with the European Data Protection
Supervisor, relevant stakeholders and ENISA, recommend technical
implementing measures concerning inter alia the measures described in
paragraph 1a and the circumstances, format and procedures applicable
to information and notification requirements referred to in
paragraphs 3a and 3b.

The Commission shall involve all relevant stakeholders, particularly
in order to be informed of the best available technical and economic
methods for improving the implementation of this Directive.

Amendment 130 --

(Amendment 28 of the LIBE opinion) Article 2 – point 4 b (new) amending Directive 2002/58/EC Article 6 – paragraph 6a (new)

(4b) in Article 6, the following paragraph shall be added:

6a. Traffic data may be processed by any natural or legal person for
the purpose of implementing technical measures to ensure the security
of a public electronic communication service, a public or private
electronic communications network, an information society service or
related terminal and electronic communication equipment.  Such
processing must be restricted to that which is strictly necessary for
the purposes of such security activity.

Voting recommendation: against, also EDPS suggests to vote against or to amend as: "Without prejudice to compliance with the provisions other than Article 7 of Directive 95/46/EC and Article 5 of this Directive, traffic data may be processed by providers of security services...", to add a definition of the term "security" like "the ability of a network or an information system to resist, at a given level of confidence, accidental events or unlawful or malicious actions that compromise the availability, authenticity, integrity and confidentiality of stored or transmitted data and the related services offered by or accessible via these networks and systems" and to add a recital to illustrate types of covered types of precessings, as "The processing of traffic data for security purposes will enable the processing of such data by providers of security services acting as data controllers for the purposes of preventing unauthorized access and malicious code distribution, stopping the denial of service attacks, and damages to computer and electronic communications systems. ENISA should publish regular studies with the purpose of illustrating the types of processing allowed under Article X of the ePrivacy Directive".].

Amendment 134 --

(Amendment 32 of the LIBE opinion) Article 2 – point 5 a (new) amending Directive 2002/58/EC Article 14 – paragraph 1

(5a) Article 14(1) shall be replaced by the following:

1. In implementing the provisions of this Directive, Member States
shall ensure, subject to paragraphs 2 and 3, that no mandatory
requirements for specific technical features, including, without
limitation, for the purpose of detecting, intercepting or preventing
infringements of intellectual property rights by users, are imposed
on terminal or other electronic communication equipment which could
impede the placing of equipment on the market and the free
circulation of such equipment in and between Member States.

Voting recommendation: against. Note that EDPS also advises against this amendment.

Amendment 148 --

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.

Voting recommendation: against or should be amended as: "Member States shall ensure that national regulatory authorities are able to require operators to make available free of charge to their subscribers reliable and easytouse protection and/or filtering software to limit access by children or vulnerable people to content suitable to them, on a freely and fully configurable basis".