20 Amendments of Mylène TROSZCZYNSKI related to 2016/0288(COD)
Amendment 41 #
Proposal for a directive
Recital 3
Recital 3
(3) In the Digital Single Market strategy, the Commission outlined that the review of the telecoms framework will focus on measures that aim at incentivising investment in high-speed broadband networks, bring a more consistent single market approach to spectrum policy and management, deliver conditions for a true single market by tackling regulatory fragmentation, ensure a level playing field for all market players and consistent application of the rules, as well as provide a more effective regulatory institutional framework. Wholly European infrastructures need to be developed to address competition from Asia and the United States, in particular; however the current Digital Single Market strategy overlooks that essential fact.
Amendment 42 #
Proposal for a directive
Recital 5
Recital 5
(5) This Directive should create a legal framework to ensure the freedom to provide electronic communications networks and services, subject only to the conditions laid down in this Directive and to any restrictions in conformity with Article 52 (1) of the Treaty, in particular measures regarding public policy, public security and public health. It should also ensure a wholly European digital strategy and enable digital businesses to be developed, but at the same time guarantee the digital sovereignty of citizens’ data.
Amendment 43 #
Proposal for a directive
Recital 6
Recital 6
(6) The provisions of this Directive are without prejudice to the possibility for each Member State to take the necessary measures justified on grounds set out in Articles 87 and 45 of the Treaty on the Functioning of the European Union, to ensure the protection of its essential security interests, to safeguard public policy, public morality and public security, and to permit the investigation, detection and prosecution of criminal offences. This Directive does not take sufficient account of national specificities, in particular with regard to consumer protection and the processing of personal data.
Amendment 46 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to fall within the scope of the definition of electronic communications service, a service needs to be provided normally in exchange for remuneration. In the digital economy, market participants increasingly consider information about users as having a monetary value. Electronic communications services are often supplied against counter-performance other than money, for instance by giving access to personal data or other data. The concept of remuneration should therefore encompass situations where the provider of a service requests and the end-user actively provides personal data, such as name or email address, or other data directly or indirectly to the provider. It should also encompass situations where the provider collects information without the end-user actively supplying it, such as personal data, including the IP address, or other automatically generated information, such as information collected and transmitted by a cookie). In line with the jurisprudence of the Court of Justice of the European Union on Article 57 TFEU24, remuneration exists within the meaning of the Treaty also if the service provider is paid by a third party and not by the service recipient. The concept of remuneration should therefore also encompass situations where the end-user is exposed to advertisements as a condition for gaining access to the service, or situations where the service provider monetises personal data it has collected. However, the fact that not all the necessary steps have been taken to ensure that information about users and the storing or processing of such information outside EU territory, by non-European businesses is a severe handicap on the European digital economy. _________________ 24 Case C-352/85 Bond van Adverteerders and Others vs The Netherlands State, EU:C:1988:196.
Amendment 48 #
Proposal for a directive
Recital 23
Recital 23
(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas. The digital strategy should focus on building a wholly European digital sector that promotes a vision of strategic independence rather than emphasising the purely commercial aspects.
Amendment 49 #
Proposal for a directive
Recital 27
Recital 27
(27) It is necessary to give appropriate incentives for investment in new very high capacity networks that will support innovation in content-rich Internet services and strengthen the international competitiveness of the European Union. Such networks have enormous potential to deliver benefits to consumers and businesses across the European Union. It is therefore vital to promote sustainable investment in the development of these new networks, while safeguarding competition and boosting consumer choice through regulatory predictability and consistency. However, these aspirations will be doomed to fail against US and Asian competition if the European Union does not come up with a digital sector that is wholly European from every angle.
Amendment 50 #
Proposal for a directive
Recital 31
Recital 31
(31) National borders are increasingly irrelevant in determining optimal radio spectrum use. Undue fragmentation amongst national policies regarding the management of radio spectrum, including unjustified different conditions for access to, and use of, radio spectrum according to the type of operator, may result in increased costs and lost market opportunities for spectrum users. It may slow down innovation, limit investment, reduce economies of scale for manufacturers and operators as well as create tensions between rights holders and discrepancies in the cost of access to spectrum. This fragmentation may overall result in a distortion of the functioning of the internal market and prejudice to consumers and the economy as a whole. It is, however, dangerous to seek to remove national borders in this field because the European digital sector is not fully safeguarded and there is a real disparity between countries with regard to consumers.
Amendment 51 #
Proposal for a directive
Recital 59
Recital 59
Amendment 53 #
Proposal for a directive
Recital 79
Recital 79
(79) Having regard to the short time- limits in the Union consultation mechanism, powers should be conferred on the Commission to adopt recommendations and/or guidelines to simplify the procedures for exchanging information between the Commission and national regulatory authorities, for example in cases concerning stable markets, or involving only minor changes to previously notified measures. Powers should also be conferred on the Commission to allow for the introduction of a notification exemption with the idea of streamlining procedures in certain cases.
Amendment 54 #
Proposal for a directive
Recital 82
Recital 82
Amendment 55 #
Proposal for a directive
Recital 86
Recital 86
(86) Member States should be encouraged to consider joint authorisations as an option when issuing rights of use where the expected usage covers cross- border situations. It should, however, be for each Member State to make the final decision in that respect.
Amendment 58 #
Proposal for a directive
Recital 111
Recital 111
(111) In exceptional cases where Member States decide to limit the freedom to provide electronic communications networks and services based on grounds of public policy, public security or public health, Member States should explain the reasons for such limitation. However, the sovereignty of each Member State should be respected in such cases, and notification of the exceptional limitations should be provided for information only, without an EU body being able to take action against them.
Amendment 59 #
Proposal for a directive
Recital 117
Recital 117
Amendment 60 #
Proposal for a directive
Recital 134
Recital 134
Amendment 63 #
Proposal for a directive
Recital 161
Recital 161
Amendment 64 #
Proposal for a directive
Recital 193
Recital 193
(193) Under Article 169 of the Treaty on the Functioning of the European Union, the Union is to contribute to the protection of consumers. The Union must also take into account the specificities of each Member State in the area of consumer protection.
Amendment 77 #
Proposal for a directive
Recital 230
Recital 230
Amendment 107 #
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. National regulatory authorities shall contribute to the development of the internal market by working with each other and with the Commission and BEREC in a transparent manner so as to ensure the consistent application, in all Member States, of the provisions of this Directive. To this end, they shall, in particular, work with the Commission and BEREC to identify the types of instruments and remedies best suited to address particular types of situations in the marketplace. However, the national authorities shall be empowered first and foremost to enforce and defend the decisions of their respective governments and not be subject to the authority of the Commission in that area.
Amendment 112 #
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services. The digital strategy of some foreign powers is to limit access, above all, to their data. That is not the case with the European Union, which therefore does not provide Member States or their users with the best security for.
Amendment 113 #
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Member States shall ensure that undertakings providing public communications networks take all appropriate steps to guarantee the integrity of their networks, and thus ensure the continuity of supply of services provided over those networks. Those undertakings shall preferably be wholly European, particularly when it comes to their decision-making centres, R&D centres, manufacturing sites and capital.