99 Amendments of Alexander Nuno PICKART ALVARO
Amendment 22 #
2008/2160(INI)
Proposal for a recommendation
Recital J
Recital J
J. whereas e-illiteracy will be the new illiteracy of the 21st century; whereas ensuring that all citizens have access to the Internet is therefore equivalent to ensuring that all citizens have access to schooling, and whereas such access should not be punitively denied by governments or private companies; whereas it is important to deal with emerging issues such as network neutrality, interoperability, global reachability of all Internet nodes, and the use of open formats and standards,
Amendment 37 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point d a (new)
Paragraph 1 - point d a (new)
da) use the Council of Europe Convention on Cybercrime as the basis for the development of a comprehensive approach to the fight against cybercrime;
Amendment 48 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point i
Paragraph 1 - point i
Amendment 62 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point m a (new)
Paragraph 1 - point m a (new)
ma) work towards the establishment of a right for Internet users to ask for the permanent deletion of their personal data located on Internet websites or on any third party data storage medium. It is of the utmost importance to acknowledge that personal data, regardless of where they are stored, are the fundamental property of the data subject and that the point of reference should be the point of use and not the point of storage;
Amendment 78 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point r a (new)
Paragraph 1 - point r a (new)
ra) use Annex I ("Bill of Rights on the Internet") as a basis for its consideration as well as in connection with its international obligations;
Amendment 81 #
2008/2160(INI)
Proposal for a recommendation
Annex (new)
Annex (new)
Amendment 4 #
2008/2099(INI)
Motion for a resolution
Recital A
Recital A
A. whereas it is expected that the switchover from analogue to digital terrestrial television by the end of 2012 will as a result of the superior transmission efficiency of digital technology free up an unprecedented significant amount of spectrum in the European Union, thus offering the possibility of reallocating spectrum and presenting new opportunities for market growth,
Amendment 13 #
2008/2099(INI)
Motion for a resolution
Recital C
Recital C
C. whereas spectrum shortage has been an obstacle to the deployment of new services,remains a scarce natural resource and its efficient use is critical in ensuring access to spectrum for the various interested parties which want to offer services,
Amendment 16 #
2008/2099(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas broadcasters have shown commitment to efficient use of spectrum by driving forward the digital switchover with heavy investment in digital radio and television technology and programming,
Amendment 47 #
2008/2099(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the main guiding principle in the allocation of the digital dividend should be ensuring the best social, cultural and economic value in terms of an enhanced and geographically wider offer of services and digital content to citizens, and not only maximising public revenues;
Amendment 71 #
2008/2099(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises the contributionimportance of the ITU Geneva-06 Agreement (Regional Radiocommunication Conference 2006) and of national frequency allocation plans as well as of the decisions of the World Radiocommunication Conference 2007 (WRC-07) to the reorganisation of the UHF band;
Amendment 81 #
2008/2099(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges the right of Member States to determine the use of the digital dividend, but affirms also that a coordinated approach at Community level is the onlya suitable way to avoid harmful interference between Member States and between Member States and third countries;
Amendment 96 #
2008/2099(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. In order to achieve a more efficient use of spectrum and to facilitate the emergence of innovative and successful national, cross-border and pan-European services, supports thea coordinationed approach of the Commissionat Community level, based on three different clusters of the UHF spectrum, taking into account the potential for radioharmful interference arising from the co-existence of different types of networks in the same band and the existing authorisations;
Amendment 107 #
2008/2099(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Commission to undertake, in cooperation with the Member States, the appropriate technical and socio-economic studies to determine the size and characteristics of the sub-bands that could be coordinated or harmonised at Community level; such studies should take into account that the dividend is not static, but that technological development is ongoing and implementation of new technologies should allow the usage of the UHF band for both broadcast and mobile broadband services in the long term;
Amendment 116 #
2008/2099(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to submit, as soon as these studies have been completed and having consulted both the Radio Spectrum Policy Group and the European Conference of Postal and Telecommunications Administrations and taking due account of national specificities, a legislative proposal to the European Parliament and to the Council for the adoption of measures to reserve and coordinate at EU level common sub-bands of the digital dividendproposal for better coordination at Community level of the use of the digital dividend in accordance with internationally agreed frequency plans;
Amendment 61 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 3 – Article 128 – paragraph 2 – point c
Chapter 3 – Article 128 – paragraph 2 – point c
Amendment 65 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 3 – Article 130 – paragraph 1
Chapter 3 – Article 130 – paragraph 1
1. Before being engaged, a parliamentary assistant shall provide evidence of physical fitness toundertake a medical test at the European Parliament’´s medical service in order that the European Parliament may be satisfied that he fulfils the requirements of Article 128 (2)(d). A negative outcome of the medical test shall not automatically result in that person not being engaged by the European Parliament as a parliamentary assistant.
Amendment 68 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 3 – Article 131 – paragraph 1
Chapter 3 – Article 131 – paragraph 1
1. The contracts of parliamentary assistants shall be concluded for a fixed periodn unlimited period, expiring at the end of the mandate of the Member or Members concerned. On an exceptional basis contracts can be concluded for a fixed period of no less than 12 months. Without prejudice to Article 140, the contracts shall expire at the latest by the end of the parliamentary term during which they were concluded.
Amendment 78 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 4 – Article 132 – paragraph 2
Chapter 4 – Article 132 – paragraph 2
2. Assistants may not be required to work overtime except in the event of an emergency or in exceptional workloadcircumstances.
Amendment 81 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 4 – Article 132 – paragraph 3
Chapter 4 – Article 132 – paragraph 3
3. However, oOvertime worked by parliamentary assistants classified as grade 4 or lower on the salary scale shall carry nothe right to compensation or remuneration.
Amendment 86 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 5 – Article 133
Chapter 5 – Article 133
Save as otherwise provided in Articles 134 and 135, Article 19, Article 20(1) to (3) and Article 21 of these Conditions of Employment and Article 16 of Annex VII to the Staff Regulations (remuneration and expenses) shall apply by analogy. Expenses for missions undertaken on request of the Member carry the right to reimbursement. The arrangements for reimbursement of mission expenses shall be laid down in the provisions referred in Article 125 (2).
Amendment 91 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 5 – Article 134 – table
Chapter 5 – Article 134 – table
Grade 1 deleted 2 deleted 3 4 5 6 7 Full-time basic salary 1 193,00 1 389,85deleted deleted 1 619,17 1 886,33 2 197,58 2 560,18 2 982,61 Grade 8 9 10 11 12 13 14 Full-time basic salary 3 474,74 4 048,07 4 716,00 5 494,14 6 400,67 7 456,78 8 687,15
Amendment 99 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 6 – Article 137 – paragraph 4 a (new)
Chapter 6 – Article 137 – paragraph 4 a (new)
4a. When transferring acquired pension rights into the national system upon the termination of a contract, it must be ensured that pension payments made into the EU system are appropriated to a pension scheme which protects them from third-party interference and from being treated like regular savings.
Amendment 12 #
2008/0214(COD)
Proposal for a directive – amending act
Recital 9
Recital 9
(9) Appropriate protection should be ensured for existingbetween users in adjacent bands. Furthermore, pProspective systems for aviation communications above 960 MHz, which help fulfilling Community policy objectives in this sector, and other terrestrial systems capable of providing electronic communications services that can co-exist with GSM and UMTS below 960MHz, should be taken into account. CEPT has produced technical advice in this respect of the first of these cases.
Amendment 19 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 5 a (new)
Recital 5 a (new)
(5a) Regulatory setting of retail price limits has not led to significant price competition in the past. In view of experience and of the retail prices, which have levelled off at just below the retail price limits, retail price regulation should be suspended until 30 June 2009 and the focus should be on effective wholesale regulation.
Amendment 20 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 6
Recital 6
(6) The expiry in June 2010 of the regulatory safeguards which apply to intra-Community voice roaming services at wholesale and retail levels by virtue of Regulation (EC) No 717/2007 would therefore give rise to a significant risk that the underlying lack of competitive pressures in the voice roaming market and the incentive for mobile operators to maximise their roaming revenues would result in a return to retail and wholesale prices for intra-Community roaming that do not constitute a reasonable reflection of the underlying costs involved in the provision of the service, thereby jeopardising the objectives of Regulation (EC) No 717/2007. Regulation (EC) No 717/2007 should therefore be extended beyond 30 June 2010 for a further period of three yearsuntil 31 December 2011 in order to ensure the smooth functioning of the internal market by guaranteeing that consumers continue to benefit from the assurance that they will not be charged an excessive price when making or receiving a regulated roaming call while at the same time providing sufficient time for competition to develop.
Amendment 30 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 18
Recital 18
Amendment 32 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 21
Recital 21
(21) Regulatory obligations should therefore be imposed with regard to regulated roaming SMS services at wholesale level, in order to establish a more reasonable relationship between wholesale charges and the underlying costs of provision, and at retail level to protect the interests of roaming customers.
Amendment 33 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 25
Recital 25
Amendment 36 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 26
Recital 26
(26) This regulatory approach should ensure that retail charges for regulated roaming SMS messages provide a more reasonable reflection of the underlying costs involved in the provision of the service than has been the case. The maximum Euro-roaming SMS tariff that may be offered to roaming customers should therefore reflect a reasonable margin over the costs of providing a regulated roaming SMS service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. This regulatory approach should not apply to value-added SMS services.
Amendment 38 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 28
Recital 28
Amendment 58 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 3 – point g
Article 1 – point 3 – point g
Regulation (EC) No 717/2007
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
Amendment 66 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No 717/2007
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This average wholesale charge shall apply between any pair of operators and shall be calculated over a twelve month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0.28 and EUR 0.26, on 30 August 2008 and on 1 July 2009 respectively and shall further decrease to EUR 0.23, EUR 0.20 and EUR 0.17 on 1 July 2010, on 1 July 2011 and on 1 July 2012 respectivelyto 1.5 times the operator-specific termination charges on 1 July 2009.
Amendment 76 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 5 – point a
Article 1 – point 5 – point a
Regulation (EC) No 717/2007
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 88 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 717/2007
Article 4 a – paragraph 1
Article 4 a – paragraph 1
1. With effect from 1 July 2009, the average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network, for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0.048 per SMS message.
Amendment 92 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 717/2007
Article 4 b
Article 4 b
Amendment 103 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 717/2007
Article 6 – paragraph 3 –subparagraph 1
Article 6 – paragraph 3 –subparagraph 1
3. Home providers shall provide all users with full information on applicable roaming charges, in particular on the Eurotariff and the Euro-SMS tariff, when subscriptions are taken outon SMS and data roaming tariffs. They shall also provide their roaming customers with updates on applicable roaming charges without undue delay each time there is a change in these charges.
Amendment 104 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 717/2007
Article 6 – paragraph 3 –subparagraph 2
Article 6 – paragraph 3 –subparagraph 2
Home providers shall take the necessary steps to secure awareness by all their roaming customers of the availability of the Eurotariff and the Euro-SMS tariff. They shall in particular communicate to all roaming customers by 30 July 2007 the conditions relating to the Eurotariff and by 1 June 2009 the conditions relating to the Euro-SMS tariff, in each case in a clear and unbiased manner. They shall send a reminder at reasonable intervals thereafter to all customers who have opted for another tariff.
Amendment 137 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 2
Article 6a – paragraph 3 – subparagraph 2
When this Cut-Off Limit is reached, the home provider shall immediatelye home provider receives notification that this Cut-Off Limit has been reached and the customer is informed of the fact, the home provider shall, following a declaration of consent by the customer, cease to provide the roaming customer with regulated data roaming services, unless and until the roaming customer requests the continued or renewed provision of those services. This declaration of consent shall be free of charge for the customer.
Amendment 161 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 4 – point a
Article 6a – paragraph 4 – point a
a) The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 10.00025 per kilobyte (= EUR 0.25 per megabyte) of data transmitted.
Amendment 182 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 717/2007
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall, after a full public consultation, review the functioning of this Regulation and report to the European Parliament and the Council no later than 31 December 20110. The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In its report the Commission shall review developments in wholesale and retail charges for the provision to roaming customers of voice and data communication services, including SMS and MMS, and shall, if appropriate, include recommendations regarding the need further to regulate these services. For this purpose the Commission may use the information supplied pursuant to Article 7(3).
Amendment 190 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 717/2007
Article 13 - subparagraph 2
Article 13 - subparagraph 2
16. In the second paragraph of Article 13, ‘30 June 2010’ is replaced by ‘31 December 20131’.
Amendment 62 #
2008/0140(CNS)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Owing to the excessive burden on small and medium-sized enterprises (SMEs), they should be afforded special protection, following the model of the US Civil Rights Act.
Amendment 78 #
2008/0140(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should not be regarded as constituting discrimination where the factors arcan be shown to be key factors for the assessment of risk.
Amendment 87 #
2008/0140(CNS)
Proposal for a directive
Recital 16
Recital 16
(16) All individuals enjoy the freedom to contract, including the freedom to choose a contractual partner for a transaction. This Directive should not apply to economic transactions undertaken by individuals for whom these transactions do not constitute their professional or commercial activity.
Amendment 148 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In this context, the concept of harassment may be defined in accordance with the national laws and practice of the Member States.
Amendment 177 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 7
Article 2 – paragraph 7
7. Notwithstanding paragraph 2, in the provision of financial services Member States mayshall permit proportionate differences in treatment where, for the product in question, the use of age or disability is a key factor in the assessment of risk based, in particular, on relevant and accurate actuarial or statistical data, medical experience or actuarial principles.
Amendment 198 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
Amendment 223 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive is without prejudice to the responsibilities of Member States forshall not apply to the content of teaching, activities and the organisation of theirnational educational systems, including the provision of special needs education. Member States may provide for differences in treatment in access to educational institutions based on religion or belief.
Amendment 240 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. The advertising and media sector shall be excluded from the scope of this Directive.
Amendment 249 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transportelecommunications, electronic communication, information, also in accessible formats, modes of transport and other public spaces and facilities, shall be provided by anticipation, including through appropriate modifications or adjustments. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, education, ornature of the goods or services in question or of the nature of the trade, profession or undertaking in question. An alteration shall be regarded as fundamental if it alters the goods or services or the nature of a trade, profession or undertaking to such an extent that the provider of the goods andor services in question or require the provision of alternatives thes effectively providing a completely different kind of good or service. Extensive alterations to existing private and business premises shall constitute a disproportionate burden. In addition, Member States may determine what modifications or adjustments are to be considered appropriate.
Amendment 279 #
2008/0140(CNS)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 288 #
2008/0140(CNS)
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member States shall ensure, in accordance with their national judicial systems, that all persons who consider themselves wronged by failure to apply the principle of equal treatment to them can take legal action to assert their rights.
Amendment 290 #
2008/0140(CNS)
Proposal for a directive
Article 8
Article 8
Amendment 7 #
2007/0291(COD)
Proposal for a regulation – amending act
Recital 5
Recital 5
(5) Since the mandate of the Agency will expire on 13 March 2009, in order to ensure consistency, efficiency and continuity it is necessary to adopt an interim measure for the two years between the scheduled expiry of the Agency and the date proposed for the European Eextension which will also enable a wider discussion of ENISA's scope. While taking into account the results of the ENISA evaluation process and the ongoing review of the regulatory framework for electronic Ccommunications Market Authority to take over responsibility for the activitiesnetworks and services, an effective way of monitoring the security of those networks and services remains necessary. Further reflection ofn the Aagency that fall within the scope's scope with regard to cyber security is needed and a joint affiliation to DG INFSO and DG JLS in this regard is to be examined. The extension of the Regulduration establishingof the mandate is without prejudice to the Aouthoritycome of this discussion.
Amendment 159 #
2007/0249(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. AThe European Regulators’ Board of Electronic Communications Market Authority(ERBEC) is established with the responsibilities laid down in this Regulation. The Commission shall consult ERBEC in carrying out its functions under the Framework Directive and the Specific Directives, as set out in this Regulation. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout)
Amendment 29 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 26 a (new)
Recital 26 a (new)
(26a) This Directive provides for the harmonisation of the provisions of the Member States required to ensure an equivalent level of protection of fundamental rights and freedoms, and in particular the right to privacy and the right of confidentiality and security of information technology systems, with respect to the processing of personal data in the electronic communication sector and to ensure the free movement of such data and of electronic communication equipment and services in the Community.
Amendment 31 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 28 a (new)
Recital 28 a (new)
(28a) For the purposes of this Directive, “traffic data” should not only mean any data which is processed for the purpose of the conveyance of a communications network or for the billing thereof but also personal data within the meaning of Article 2 of Directive 95/46/EC when the data concerned whether alone or in conjunction with other legally available data are relating to an individual directly identifiable by the entity processing the data.
Amendment 33 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 29
Recital 29
(29) A serious 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, subscribers concerned by such security incidents should be notified without delay and informed in order to be able to take the necessary precautionsthe national regulatory 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 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 service and the provider of information society services to appropriately notify without undue delay the persons concerned by the breach.
Amendment 45 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 35 a (new)
Recital 35 a (new)
(35a) Where location data other than traffic data can be processed, such data may only be processed when they are made anonymous or with the prior consent of the users or subscribers. They shall be given clear and comprehensive information on the possibility to withdraw their consent for the processing of traffic data at any time.
Amendment 46 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point -1 (new)
Article 2 - point -1 (new)
Directive 2002/58/EC
Article 1 - paragraph 1
Article 1 - paragraph 1
Amendment 49 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point -1 b (new)
Article 2 - point -1 b (new)
Directive 2002/58/EC
Article 2 - point (b)
Article 2 - point (b)
(-1b) Article 2(b) shall be replaced by the following: (b) "traffic data" means any data processed for the purpose of the conveyance of a communication on an electronic communications network or for the billing thereof. Traffic data within the meaning of this Article are also personal data within the meaning of Article 2 of Directive 95/46/EC when the data concerned whether alone or in conjunction with other legally available data are relating to an individual directly identifiable by the entity processing the data.
Amendment 53 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point 3 - point a a (new)
Article 2 - point 3 - point a a (new)
Directive 2002/58/EC
Article 4 - paragraph 1 a (new)
Article 4 - paragraph 1 a (new)
(1a) Without prejudice to the provisions of Directive 95/46/EC and 2006/24/EC these measures shall include: - Appropriate technical and organisational measures to ensure that personal data can be accessed only by authorized personnel and to protect personal data stored or transmitted against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful storage, processing, access or disclosure - Appropriate technical and organizational measures to protect the network and services against accidental, unlawful or unauthorized usage, interference or hindering of its 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 the electronic communication service, which shall include regular monitoring for security breaches - A process for taking preventive, corrective and mitigating action against any vulnerabilities discovered in the process described under hyphen three and a process for taking preventive, corrective and mitigating action against security incidents that can lead to a security breach
Amendment 55 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point 3 - point b
Article 2 - point 3 - point b
Directive 2002/58/EC
Article 4 - paragraph 3
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 shall, withou, as well as any company operating on the Internet uandue delay, notify the subscriber concerned and the national regulatory authority providing services to consumers, who 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 subscribercompetent authority shall at least describe the nature of the breach and recommend measures to mitigate its possible negative effects. The notification to the national regulatorycompetent authority shall, in addition, describe the consequences of and the measures taken by the provider to address the breach.
Amendment 58 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point 3 - point b
Article 2 - point 3 - point b
Directive 2002/58/EC
Article 4 - paragraph 3 a (new)
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 service and the provider of information society services to appropriately notify without undue delay the persons concerned by the breach. The notification must contain the elements described in paragraph 3. The notification of a serious breach may be postponed in cases where the notification can undermine the progress of a criminal investigation related to the serious breach.
Amendment 59 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point 3 - point b
Article 2 - point 3 - point b
Directive 2002/58/EC
Article 4 - paragraph 3 c (new)
Article 4 - paragraph 3 c (new)
3c. The breach shall not be determined to be serious and the provider of publicly available electronic communication services and the provider of information society services shall be exempt from the requirement to notify or provide notification to the persons concerned, if it 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, including but not limited to appropriate encryption technologies. The technological protection measures in the event of accidental or unlawful loss, alteration, unauthorized disclosure of or access to personal data which are transmitted or stored would either render the data unintelligible to any third party, or in the event of accidental or unlawful loss of the technological protection measures would render the personal data available to the provider of publicly available electronic communication services and the provider of information society services.
Amendment 68 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point 4
Article 2 - point 4
Directive 2002/58/EC
Article 5 - paragraph 3
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 only allowed on condition that the subscriber or user concerne, either directly or indirectly by means of any kind of storage medium, is prohibited unless the subscriber or user concerned has given his/her prior consent, whereas respective browser settings constitute prior consent, and is provided with clear and comprehensive information 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 theand is offered the right to refuse such processing by 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.
Amendment 70 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point 4 b (new)
Article 2 - point 4 b (new)
Directive 2002/58/EC
Article 9 - paragraph 1
Article 9 - paragraph 1
Amendment 75 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point -5 b (new)
Article 2 - point -5 b (new)
Directive 2002/58/EC
Article 13 - paragraph 1
Article 13 - paragraph 1
(-5b) Article 13(1) shall be replaced by the following: 1. The use of automated calling and communication systems without human intervention (automatic calling machines), facsimile machines (fax) or electronic mail (including short message services (SMS) and multi media services (MMS)) for the purposes of direct marketing may only be allowed in respect of subscribers who have given their prior consent.
Amendment 79 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point -7 b (new)
Article 2 - point -7 b (new)
Directive 2002/58/EC
Article 15 - paragraph 1
Article 15 - paragraph 1
(-7b) In Article 15, paragraph 1 shall be replaced by the following: 1. Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in Article 5 (1) and (2), Article 6, Article 8(1), (2), (3) and (4), and Article 9 of this Directive when such restriction constitutes a necessary, appropriate and proportionate measure within a democratic society to safeguard national security (i.e. State security), defence, public security, and the prevention, investigation, detection and prosecution of criminal offences or of unauthorized use of the electronic communication system including the right to property, as referred to in Article 13(1) of Directive 95/46/EC. To this end, Member States may, inter alia, adopt legislative measures providing for the retention of data for a limited period justified on the grounds laid down in this paragraph. All the measures referred to in this paragraph shall be in accordance with the general principles of Community law, including those referred to in Article 6(1) and (2) of the Treaty on European Union.
Amendment 87 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point 7 c (new)
Article 2 - point 7 c (new)
Directive 2002/58/EC
Article 18 a (new)
Article 18 a (new)
(7c) The following Article 18a is inserted: Article 18a The Commission shall submit to the European Parliament and the Council, not later than two years after the entry into force of this Directive, a report on the application of this Directive and its impact on economic operators and consumers, in particular as regards the provisions on unsolicited communications, breach notifications, and the use of personal data by third parties - public or private - for purposes not covered by this Directive, taking into account the international environment. For this purpose, the Commission may request information from the Member States, which shall be supplied without undue delay. Where appropriate, the Commission shall submit proposals to amend this Directive, taking account of that report, any changes in the sector, and the Treaty of Lisbon, in particular the new competences in matters of data protection as laid down in Article 16, and any other proposal it may deem necessary in order to improve the effectiveness of this Directive.
Amendment 144 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 22
Recital 22
(22) Spectrum users should also be able to freely choose the services they wish to offer over the spectrum subject to transitional measures to cope with previously acquired rights. It should be possible for exceptions to the principle of service neutrality which require the provision of a specific service to meet clearly defined general interest objectives such as safety of life, the need to promote social, regional and territorial cohesion, better access to the information society for all citizens or the avoidance of inefficient use of spectrum to be permitted where necessary and proportionate. The aim of promoting better access to the information society for all citizens includes the supply of rural areas with mobile broadband electronic communication services and the continuous increase in the quality of mobile services and bandwidth. Those objectives should include the promotion of cultural and linguistic diversity, and media pluralism as defined in national legislation in conformity with Community law. Except where necessary to protect safety of life, exceptions should not result in exclusive use for certain services, but rather grant priority so that other services or technologies may coexist in the same band insofar as possible. In order that the holder of the authorisation may choose freely the most efficient means to carry the content of services provided over radio frequencies, the content should not be regulated in the authorisation to use radio frequencies.
Amendment 150 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 23
Recital 23
(23) It lies within the competence of the Member States to define the scope and nature of any exception regarding the promotion of cultural and linguistic diversity and media pluralism in accordance with their own national law. These aims should be brought appropriately in line with the other aims of public interest in Recital 22.
Amendment 177 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 45 a (new)
Recital 45 a (new)
(45a) Operator selection and pre-selection are essential pillars of the competition which has been achieved so far, and should therefore continue to be available to end users on a technology-neutral basis. The provision conferring the power to impose an obligation to that effect has been deleted from Directive 2002/22/EC and inserted into Directive 2002/19/EC for reasons of consistency.
Amendment 374 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6a. Member States intend to split the spectrum of the UHF bands IV/V (470- 862 Mhz) into equal shares for the further development of broadcasting and mobile communication services. Member States shall follow the outcome of the WRC 2007. The harmonised sub- band 790-862 Mhz shall be vacated and assigned to mobile broadband services no later than six months after the entry into force of this Directive. At the request of a network operator, the NRA shall review whether the existing allocations and assignments of radio frequencies issued for the purpose of broadcast content services are necessary for the fulfilment of the objectives referred to in Article 9(4). This review shall be completed within three months. Should those allocations and assignments not be necessary for the fulfilment of those objectives, new allocations to mobile communications services and assignments shall be issued by the national regulatory authority within six months. If there are compelling reasons, the national regulatory authority may, after notification to the Commission, take a decision on the reallocation of the radio frequencies in question.
Amendment 509 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2002/21/EC
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Measures taken by a national regulatory authority in accordance with paragraph 1 shall be objective, transparent, and proportionatenon- discriminatory and proportionate and taken in accordance with the procedure laid down in Article 7.
Amendment 522 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 3 – subparagraph 1
Article 13 a – paragraph 3 – subparagraph 1
3. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify the nationalcompetent regulatory authority of any breach of security or integrity that had a significant impact on the operation of networks or services. The new rules for breach notifications shall apply in the implementation of Directive 2002/58/EC of the European Parliament and of the Council of ... concerning the processing of personal data and the protection of privacy in the electronic communications sector1. ___________ 1 OJ L ...
Amendment 523 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 3 – subparagraph 2
Article 13 a – paragraph 3 – subparagraph 2
Where appropriate, the nationalcompetent regulatory authority concerned shall inform the nationalcompetent regulatory authorities in other Member States and the Authority. Where disclosure of the breach is in the public interest, the national regulatory authority may inform the publicENISA.
Amendment 599 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 4 – point a
Article 19 – paragraph 4 – point a
(a) Consistent implementation of regulatory approaches, including regulatory treatment of pan-European services, such as global telecommunication services, and of new services;
Amendment 670 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 a (new)
Article 2 – point 8 a (new)
Directive 2002/19/EC
Article 12a (new)
Article 12a (new)
(8a) The following Article 12a is inserted: "Article 12a 1. A national regulatory authority shall, in accordance with the provisions of Article 8, impose obligations on operators designated as having significant market power on the market for access to the public telephone network at fixed locations to offer all interconnected providers of publicly available telephone services access to services via which calls made by end users (a) on a call-by-call basis by dialling a carrier selection code, or (b) by means of carrier preselection can be routed to the interconnected provider. With carrier preselection, there shall be a facility to override any preselected choice by dialling a carrier selection. National regulatory authorities shall ensure that pricing for access and interconnection related to the provision of the facilities in this paragraph is cost- oriented and that direct charges to subscribers, if any, do not act as a disincentive for the use of the facilities."
Amendment 718 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 2 a (new)
Article 3 – point 2 a (new)
Directive 2002/20/EC
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(2a) In Article 3 the following paragraph is added: "2a. Global telecommunications services shall be subject to no more than a simplified process with specified registration of electronic communications service activity as "global telecommunications services." Global telecommunications services are managed business data and voice services provided to multinational undertakings located in different countries or continents. They are inherently cross-border and, within, Europe, pan-European services."
Amendment 765 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 6
Article 5 – paragraph 6
6. NationalThe competent regulatory authorities shall ensure that radio frequencies are efficiently and effectively used in accordance with Articles 8 and 9(2) of Directive 2002/21/EC (Framework Directive). They shall also ensure competition is not distorted as a result of any transfer or accumulation of radio frequencies usage rights. For such purposes, Member States may take appropriate measures such as reducing, withdrawing or forcing the sale of a right to use radio frequencies.
Amendment 788 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point da (new)
Article 6a – paragraph 1 – subparagraph 1 – point da (new)
(da) to harmonise the conditions specified in Annex I relating to general authorisations;
Amendment 18 #
2007/0236(CNS)
Recital 6 a (new)
(6a) EU action to combat terrorism should be undertaken in close cooperation with local and regional authorities.
Amendment 20 #
2007/0236(CNS)
Recital 10
(10) The definition of terrorist offences, including offences linked to terrorist activities, should be further approximated in all Member States, so that it will cover public provocationincitement to commit a terrorist offence, recruitment for terrorism and training for terrorism, when committed intentionally. (This amendment applies to the entire legislative text under consideration, with the exception of Recital 9; if it is adopted, technical adjustments will have to be made throughout the text.)
Amendment 27 #
2007/0236(CNS)
Recital 15
(15) Public provocation to commit terrorist offences, recruitment for terrorism and training for terrorism are intentional crimes. Therefore, nNothing in this Framework Decision may be interpreted as being intended to reduce or restrict the dissemination of information for scientific, academic or, reporting or artistic purposes. The expression of radical, polemic or controversial views in the public debate on sensitive political questions, including terrorism, falls outside the scope of this Framework Decision and, in particular, of the definition of public provocation to commit terrorist offences,.
Amendment 28 #
2007/0236(CNS)
Recital 15 a (new)
(15a) The criminalisations provided for in this Framework Decision should be effected in such a way as to be proportionate and necessary in a democratic society, with a view to the legitimate aims pursued, and non- discriminatory; in particular, they should be compatible with the Charter of Fundamental Rights of the European Union and with the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 33 #
2007/0236(CNS)
Article 1 − point -1 (new)
Framework Decision 2002/475/JHA
Article 1 − paragraph 2
Article 1 − paragraph 2
(-1) Article 1(2) is amended as follows: ‘2. This Framework Decision shall not have the effect of altering the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union, in the Charter of Fundamental Rights of the European Union and in the European Convention on Human Rights.’
Amendment 36 #
2007/0236(CNS)
Article 1 − point 1
Framework Decision 2002/475/JHA
Article 3 − paragraph 1 − point (a)
Article 3 − paragraph 1 − point (a)
(a) "public provocationincitement to commit a terrorist offence" means the distribution, or otherwise making available, of a message to the public, with the intend to incite clearly, intentionally and directly advocating the commission of one of the actoffences listed in Article 1 (1)(a) to (h), where such conduct, whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed causes a genuine, imminent and actual risk that one or more such offences may be committed, where these threaten the life or physical integrity of persons;
Amendment 41 #
2007/0236(CNS)
Article 1 − point 1
Framework Decision 2002/475/JHA
Article 3 − paragraph 1 − point (b)
Article 3 − paragraph 1 − point (b)
(b) "recruitment for terrorism" means intentionally and successfully to solicit another person to commit one of the actoffences listed in Article 1(1)(a) to (h), or in Article 2(2);
Amendment 48 #
2007/0236(CNS)
Article 1 − point 3
Framework Decision 2002/475/JHA
Article 9 − paragraph 1 a
Article 9 − paragraph 1 a
1a. Each Member State shall also establish its jurisdiction over the offences referred to in Article 3(2)(a) to (c) where the offence was directed towards or resulted in the carrying ous may decide not to apply (or to apply only in specific cases or under specific circumstances) the jurisdictional rules laid down in paragraph 1(d) and (e) in respect of anthe offences referred to in Article 1 and such offence is subject to the jurisdiction of the Member State under any of the criteria set out in paragraph 1(a) to (e) of this Article3(2)(a) to (c) and in Article 4, in so far as they are linked to the offences referred to in Article 3(2)(a) to (c).
Amendment 31 #
2005/0202(CNS)
Recital 12
(12) Where personal data are transferred from a Member State of the European Union to third countries or international bodies, these data should, in principle, benefit from an adequate level of protection.
Amendment 32 #
2005/0202(CNS)
Recital 12 a
(12a) Where personal data are transferred from a Member State of the European Union to third countries or international bodies, such transfer can, in principle, take place only after the Member State from which the data were obtained has given its consent to the transfer. Each Member State may determine the modalities of such consent, including, for example, by way of general consent for categories of information or for specified countries.
Amendment 37 #
2005/0202(CNS)
Article 14 - paragraph 1 - introductory part
1. Member States shall provide that personal data transmitted or made available in a specific case by the competent authority of another Member State may be transferred to third States or international bodies or organisations established by international agreements or declared as an international body only if
Amendment 39 #
2005/0202(CNS)
Article 14 a - paragraph 1- introductory part
1. Member States shall provide that personal data received from or made available in a specific case by the competent authority of another Member State may be transmitted to private parties only if:
Amendment 40 #
2005/0202(CNS)
Article 22 - paragraph 1
1. Member States shall provide that the competent authorities must implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission over a network or the making available by granting direct automated access, and against all other unlawful forms of processing, taking into account in particular the risks represented by the processing and the nature of the data to be protected. Having regard to the state of the art and the cost of their implementation, such measures shall ensure a level of security appropriate to the risks represented by the processing and the nature of the data to be protected and shall where appropriate include contingency plans for the protection of critical infrastructure.
Amendment 41 #
2005/0202(CNS)
Article 22 - paragraph 2 - point h
(h) prevent the unauthorised reading, copying, modification or deletion of personal data during transfers of personal data or during transportation of data media, in particular by means of appropriate encryption techniques (transport control);
Amendment 42 #
2005/0202(CNS)
Article 22 - paragraph 2 - point j a (new)
(ja) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures relating to internal monitoring to ensure compliance with this Framework Decision (self- auditing).
Amendment 43 #
2005/0202(CNS)
Article 24
Member States shall adopt suitable measures to ensure the full implementation of the provisions of this Framework Decision and shall in particular lay down effective, proportionate and dissuasive sanctions, including administrative and/or criminal penalties in accordance with national law, to be imposed in case of infringement of the provisions adopted pursuant to this Framework Decision.