33 Amendments of Nicola DANTI related to 2016/0288(COD)
Amendment 166 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States should be able to ensure, in the interest of media pluralism and cultural diversity and an informed citizenship, that citizens have access to a wide range of information and public value content provided by media service providers, in line with the evolution of media distribution systems and relevant business models.
Amendment 184 #
Proposal for a directive
Recital 22
Recital 22
(22) The activities of competent authorities established under this Directive contribute to the fulfilment of broader policies in the areas of culture and cultural diversity, media pluralism, employment, the environment, social cohesion and town and country planning.
Amendment 198 #
Proposal for a directive
Recital 69
Recital 69
(69) In the context of a competitive environment, the views of interested parties, including users and consumers, should be taken into account by national regulatory authorities when dealing with issues related to end-users' rights. Out-of- court dispute settlement procedures may constitute a fast and cost-efficient way end- users to enforce their rights, in particular for consumers and micro and small enterprises. For consumer disputes, effective, non-discriminatory and inexpensive procedures to settle their disputes with providers of publicly available electronic communications services are already ensured by Directive 2013/11/EU of the European Parliament and of the Council31 in so far as relevant contractual disputes are concerned and the consumer is resident and the undertaking is established within the Union. As many Member States have established dispute resolution procedures also for end-users other than consumers, to whom Directive 2013/11/EU does not apply, it is reasonable to maintain the sector-specific dispute resolution procedure for both consumers and, where Member States extend it, also for other end-users, in particular micro and small enterprises. Consumers should always be allowed to resolve their disputes with undertakings providing electronic communications networks and services through sector-specific dispute resolution procedure, if they wish to do so. In view of the deep sectorial expertise of national regulatory authorities, Member States should enable the national regulatory authority to act as dispute settlement entity, through a separate body within that authority which should not be subject to any instructions. Dispute resolution procedures under this Directive that involve consumers should be subject to clear and efficient procedures and the quality requirements set out in Chapter II of Directive 2013/11/EU. __________________ 31 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63).
Amendment 200 #
Proposal for a directive
Recital 90
Recital 90
(90) Providers of public electronic communications networks or publicly available electronic communications services, or of both, should be required to take measures to safeguard the security of their networks and services, respectively. Having regard to the state of the art, those measures should ensure a level of security of networks and services appropriate to the risks posed. Security measures should take into account, as a minimum, all the relevant aspects of the following elements: as regards security of networks and facilities: physical and environmental security, security of supplies, access control to networks and integrity of networks; as regards incident handling: incident-handling procedures, incident detection capability, incident reporting and communication; as regards business continuity management: service continuity strategy and contingency plans, disaster recovery capabilities; and as regards monitoring, auditing and testing: monitoring and logging policies, exercise contingency plans, network and service testing, security assessments and compliance monitoring; and compliance with international standards. In a situation of security breach, end-users should be informed accordingly of any potential risks and possible protective measures or remedies which they can use.
Amendment 208 #
Proposal for a directive
Recital 195
Recital 195
(195) Basic broadband internet access is virtually universally available across the Union and very widely used for a wide range of activities. However, the overall take-up rate is lower than availability as there are still those who are disconnected by reasons related to awareness, cost, skills and by choice. Affordable functional, accessible and available internet access has become of crucial importance to society and the wider economy. It provides the basis for participation in the digital economy and society through essential online internet services.
Amendment 232 #
Proposal for a directive
Recital 221
Recital 221
(221) When a universal service obligation represents an unfair burden on an undertaking, it is appropriate to allow Member States to establish mechanisms for efficiently recovering net costs. The net costs of universal service obligations should be recovered via public funds or through a private mechanism. Functional internet access brings benefits not only to the electronic communications sector but also to the wider online economy and to society as a whole. Providing a connection which supports broadband speeds to an increased number of end-users enables them to use online services and so actively to participate in the digital society. Ensuring such connections on the basis of universal service obligations serves at least as much the public interest as it serves the interests of electronic communications providers. Therefore Member States should compensate the net costs of such connections supporting broadband speeds as part of the universal service from public funds, which should be understood to comprise funding from general government budget or through sharing the costs between providers of electronic communication networks and services, and information society services.
Amendment 259 #
Proposal for a directive
Recital 254
Recital 254
(254) In line with the objectives of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, the regulatory framework should ensure that all users, including disabled end- users, the elderly with disabilities, older people, and users with special social needs, have easy and equal access to affordable and accessible high quality services. Declaration 22 annexed to the final Act of Amsterdam provides that the institutions of the Union shall take account of the needs of persons with a disabilityies in drawing up measures under Article 114 of the TFEU.
Amendment 272 #
Proposal for a directive
Recital 260 a (new)
Recital 260 a (new)
(260a) Currently, a citizen in Country A who has a need to contact the emergency services in Country B cannot do so because the emergency services have no facility to contact each other. The solution is to have an EU-wide, secure database of telephone numbers for a lead emergency service(s) in each country. Therefore, the Commission shall maintain a secure database of E.164 European emergency service numbers in order to ensure that they can be contacted in one Member State from another.
Amendment 275 #
Proposal for a directive
Recital 261
Recital 261
(261) In order to ensure that disabled end-userend-users with disabilities benefit from competition and the choice of service providers enjoyed by the majority of end-users, relevant national authorities should specify, where appropriate and in light of national conditions, consumer protection requirements for disabled end-userend-users with disabilities to be met by undertakings providing publicly available electronic communications services. Such requirements can include, in particular, that undertakings ensure that disabled end-userend-users with disabilities take advantage of their services on equivalent terms and conditions, including prices, tariffs and quality, as those offered to their other end- users, irrespective of any additional costs incurred by these undertakings. Other requirements can relate to wholesale arrangements between undertakings. In order to avoid creating an excessive burdeNational regulatory authorities should verify in consultation with service providers national regulatory authorities should verifyand representative organisations of persons with disabilities, whether the objectives of equivalent access and choice can actually be achieved without such other measures.
Amendment 290 #
Proposal for a directive
Recital 269
Recital 269
(269) Member States should be able to lay down proportionate obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations, but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law and should be proportionate and transparent. ‘'Must carry' obligations are a safety net provided in the interest of citizens to safeguard the principles of media pluralism and cultural diversity through ensuring access to a wide range of information and public value content; 'Must carry’' obligations may be applied to specified radio and television broadcast channelaudiovisual media services and complementary services supplied by a specified media service provider. Obligations imposed by Member States should be reasonable, that is they should be proportionate and transparent in the light of clearly defined general interest objectives of the public, such as media pluralism and cultural diversity and in line with the evolution of media distribution systems, consumer trends and related business models. Member States should provide an objective justification for the ‘'must carry’' obligations that they impose in their national law so as to ensure that such obligations are transparent, proportionate and clearly defined. The obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. Obligations should be subject to periodic review at least every five years in order to keep them up-to-date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved. Obligations could, where appropriate, entail a provision and rules for proportionate remuneration. Any 'must carry' obligation remains independent from, and does not prejudice, the entitlement of holders of copyright or related rights to obtain fair remuneration for the use of their works or protected subject matter on the network concerned.
Amendment 294 #
Proposal for a directive
Recital 270
Recital 270
(270) NetworkMust-carry obligations should be applied in a technologically neutral manner taking into account evolving media distribution systems and consumer trends. Electronic communications networks and services used for the distribution of radio or televisionaudiovisual media services broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent that a significant number of end- users use such networks as their principal means to receive radio and television broadcastaudiovisual media services. Must carry obligations canshould include the transmission of services specifically designed to enable appropriate access by disabled userequivalent access by users with disabilities. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides for user choice the transmission of accessible programme-related data supporting those functionalities canhould be included in must carry obligations.
Amendment 305 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
On the other hand, it is to ensure the provision throughout the Union of good- quality, affordable, publicly available services through effective competition and choice, to deal with circumstances in which the needs of end-users, including disabled useraccess to services on an equal basis with other end- users by users with disabilities, are not satisfactorily met by the market and to lay down the necessary end- user rights.
Amendment 330 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
National regulatory and other competent authorities mayshall contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.
Amendment 332 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) promote access to, and take-up of,the availability and affordability of and access to very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;
Amendment 341 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6
Article 5 – paragraph 1 – subparagraph 2 – indent 6
– ensuring consumer protection and end-user rights in the electronic communications sector, including equal access and choice for end-users with disabilities;
Amendment 450 #
Proposal for a directive
Article 79 – title
Article 79 – title
Available, Accessible and Affordable universal service
Amendment 451 #
Proposal for a directive
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available functionalbroadband internet access and voice communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location. The available, accessible and affordable universal service is indispensable for enabling social inclusion and providing a social safety net by establishing a right to a basic internet access service. (Horizontal amendment: the word "functional" should be deleted throughout the text)
Amendment 500 #
Proposal for a directive
Article 82 – paragraph 1 b (new)
Article 82 – paragraph 1 b (new)
Member States shall ensure that it is possible to make emergency calls from public pay telephones and two-way communication access points using the single European emergency call number '112' , '116'and other national emergency numbers all free of charge.
Amendment 514 #
Proposal for a directive
Article 87 – paragraph 6
Article 87 – paragraph 6
6. Member States shall promote the over –the-air provisioning of numbering resources, - where technically feasible - to facilitate switchainge of providers of electronic communications networks or services by end-users other than consumers, in particular providers and users of machine- to-machine services..
Amendment 520 #
Proposal for a directive
Article 90 – paragraph 2
Article 90 – paragraph 2
2. Member States shall ensure that disabled end-userend-users with disabilities are able to access services provided under the number ‘116000’ to the greatest extent possible'116000' numbering on equal basis with other end- users, in particular through the use of two-way communication services and available relay services. Measures taken to facilitate disabled end- users' with disabilities access to such services whilst travelling in other Member States shall be based on compliance with relevant standards or specifications published in accordance with Article 39.
Amendment 522 #
Proposal for a directive
Article 90 – paragraph 2 b (new)
Article 90 – paragraph 2 b (new)
2b. Member States and the Commission shall ensure that citizens are adequately informed of the existence and use of services provided under the '116 000' number.
Amendment 528 #
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a Intra-Union communication 1. Providers of electronic communication services to the public shall not apply tariffs for intra-Union fixed and mobile communications services terminating in another Member State different from tariffs of services terminating in the same member state, unless the provider demonstrates that the existence of different costs is objectively justified. 2. By (six months after the entry into force of this Directive), BEREC after consulting stakeholders and in close cooperation with the Commission shall adopt guidelines on the recovery of such objectively justified different costs pursuant to paragraph 1. Such guidelines shall ensure that any differences are strictly based on existent direct costs that provider incur by providing the cross- border services; 3. By (one year after the entry into force of this Directive and annually thereafter), the European Commission shall provide a report on the application of the obligations of paragraph 1, including an assessment of the evolution of intra-Union communication tariffs.
Amendment 554 #
Proposal for a directive
Article 95 – paragraph 1 – point b
Article 95 – paragraph 1 – point b
(b) any compensation and refund arrangements, including where applicable, explicit reference to statutory rights of consumers, which apply if contracted service quality levels are not met;
Amendment 558 #
Proposal for a directive
Article 95 – paragraph 1 – point c – point i b (new)
Article 95 – paragraph 1 – point c – point i b (new)
(ib) payment methods offered and any cost differences due to the payment methods, and available facilities to safeguard bill transparency and monitor the level of consumption,
Amendment 574 #
Proposal for a directive
Article 95 – paragraph 2 – indent 2 a (new)
Article 95 – paragraph 2 – indent 2 a (new)
- any constrains or differences in the quality of services due to external factors such as network connectivity.
Amendment 582 #
Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – introductory part
Article 95 – paragraph 5 – subparagraph 1 – introductory part
By [entry into force + 12 months], BEREC shall issue a decision on astandard contractual information summary template, which identifies the main elements of the information requirements in accordance with paragraphs 1 and 2. Those main elements shall include at least complete information on:
Amendment 603 #
Proposal for a directive
Article 96 – paragraph 2 – subparagraph 2 – point g b (new)
Article 96 – paragraph 2 – subparagraph 2 – point g b (new)
(gb) be accessible for persons with disabilities
Amendment 608 #
Proposal for a directive
Article 96 – paragraph 3 – point a
Article 96 – paragraph 3 – point a
(a) the most common uses of internet access services and publicly available number-based interpersonal 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 data protection rights, copyright and related rights, and their legal consequences; and
Amendment 637 #
Proposal for a directive
Article 98 – paragraph 4 a (new)
Article 98 – paragraph 4 a (new)
4a. Member States may maintain or introduce in their national law additional requirements to ensure a higher level of consumer protection in relation to contracts to which this Article applies.
Amendment 685 #
Proposal for a directive
Article 102 – paragraph 3
Article 102 – paragraph 3
3. Member States shall ensure that all emergency communications to the single European emergency number ‘112’ are appropriately answered and handled in the manner best suited to the national organisation of emergency systems considering the need to answer in a multilingual manner. Such emergency communications shall be answered and handled at least as expeditiously and effectively as emergency communications to the national emergency number or numbers, where these continue to be in use.
Amendment 707 #
Proposal for a directive
Article 102 – paragraph 6
Article 102 – paragraph 6
6. Member States and the Commission shall ensure that citizens are adequately informed about the existence and use of the single European emergency number ‘112’, as well as its accessibility features, including in particular through initiatives specifically targeting persons travelling between Member States. and persons with disabilities. The Commission shall support and supplement the actions of Member States.
Amendment 748 #
Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1
Article 106 – paragraph 1 – subparagraph 1
Member States may impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and television broadcast channelaudiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supportingto content and electronic programming guides for end-users with disabilities and data supporting and enabling end-users access to connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channelaudiovisual media services to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channeland services use them to receive radio and audiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.
Amendment 757 #
Proposal for a directive
Article 106 – paragraph 2
Article 106 – paragraph 2
2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, by legal provisions, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent manner.