20 Amendments of Morten PETERSEN related to 2016/0288(COD)
Amendment 148 #
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 an effective protection of consumers, a level playing field for all market players and consistent application of the rules, as well as provide a more effective regulatory institutional framework. The Digital Single Market Strategy for Europe also announced the review of Directive 2002/58/EC in order to provide a high level of privacy protection for users of electronic communications services and a level playing field for all market players;
Amendment 149 #
Proposal for a directive
Recital 5
Recital 5
(5) tThis 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, and with Article 52 (1) of the Charter of Fundamental Rights of the European Union (the Charter).
Amendment 150 #
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, taking into account that such measures must be provided for by law, respect the essence of the rights and freedom recognised by the Charter and be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter.
Amendment 152 #
Proposal for a directive
Recital 7
Recital 7
(7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations. It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21 . The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. The separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee freedom of expression and information, media pluralism, cultural diversity and, consumer protection. _________________ 21Directive 2010/13/EU of the European Parliament, privacy and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1)protection of personal data.
Amendment 170 #
Proposal for a directive
Recital 15
Recital 15
(15) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly substitute traditional voice telephony, text messages (SMS) and electronic mail conveyance services by functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to ensure that end-users and their rights are effectively and equally protected when using functionally equivalent services, a future-oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach. The scope of necessary regulation should be appropriate to achieve its public interest objectives. While "conveyance of signals" remains an important parameter for determining the services falling into the scope of this Directive, the definition should cover also other services that enable communication. From anthe perspective of end-user's perspectiveand the protection of their rights it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service. The amended definition of electronic communications services should therefore contain three types of services which may partly overlap, that is to say internet access services according to the definition in Article 2(2) of Regulation (EU) 2015/2120, interpersonal communications services as defined in this Directive, and services consisting wholly or mainly in the conveyance of signals. The definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision-by- provision application of the specific rights and obligations contained in the framework to the different types of services. The processing of personal data by electronic communications services, whether as remuneration or otherwise, must be in compliance with Directive 95/46/EC which will be replaced by Regulation (EU) 2016/679 (General Data Protection Regulation) on 25 May 201823 . __________________ 23 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); OJ L 119, 4.5.2016, p. 1
Amendment 187 #
Proposal for a directive
Recital 36
Recital 36
(36) There is a need to further reinforce the independence of the national regulatory authorities to ensure the imperviousness of its head and members to external pressure, by providing minimum appointment qualifications, and a minimum duration for their mandate. Furthermore, the limitation of the possibility to renew more than once their mandate and the requirement for an appropriate rotation scheme for the board and the top management would address the risk of regulatory capture, ensure continuity, and enhance independence. To this end, Member States should also ensure that national regulatory authorities are legally distinct and functionally independent from the industry and government in that they neither seek nor take instructions from any body, they operate in a transparent and accountable manner in accordance with Union law and national law and they have sufficient powers.
Amendment 223 #
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 limitationsuch limitations should be duly reasoned, provided for by law, respect the essence of the rights and freedoms recognised by the Charter and be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter. Furthermore, any national law allowing public authorities to obtain access to networks or the contents of electronic communications on a generalised basis should be regarded as compromising the essence of the fundamental right to respect for private life, as guaranteed by Article 7 of the Charter.
Amendment 287 #
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, and users with special social needs, have easy access to affordable high quality services regardless of their place of residence within the Union. 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 disability in drawing up measures under Article 114 of the TFEU.
Amendment 296 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
The aim of this Directive is on the one hand to implement an internal market in electronic communications networks and services that will result in deployment and take-up of very high capacity secured networks, sustainable competition, interoperability of electronic communications services, accessibility and end-user benefits.
Amendment 297 #
Proposal for a directive
Article 1 – paragraph 3 – indent 1
Article 1 – paragraph 3 – indent 1
- obligations imposed by national law in accordance with Union law or by Union law in respect of services provided using electronic communications networks and services ; - measures taken at Union or national level, in compliance with Union law, to pursue general interest objectives, in particular relating to content regulation and audio-visual policy. - the provisions of Directive 2014/53/EU.the protection of personal data and privacy, content regulation and audio-visual policy
Amendment 332 #
Proposal for a directive
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘'security’' of networks and services means the technical and structural ability of electronic communications networks and services to resist, at a given level of confidence, any action that compromises the availability, authenticity, integrity or confidentiality of stored or transmitted or processed data or the related services offered by, or accessible via, those networks or services.
Amendment 344 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
National regulatory and other competent authorities may contribute within their competencies to ensuring the implementation of policies aimed at the protection of personal data and privacy, the promotion of cultural and linguistic diversity, as well as media pluralism.
Amendment 392 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall cooperate with each other and with the Commission in the strategic planning, coordination and harmonisation of the use of radio spectrum in the Union. To this end, they shall take into consideration, inter alia, the economic, safety, health, public interest, public security and defence, data protection and privacy, freedom of expression, cultural, scientific, social and technical aspects of EU policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and avoiding harmful interference.
Amendment 412 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Without prejudice to the provisions of Article 10, national regulatory authorities shall act independently and objectively, be legally distinct and functionally independent from the government, operate in a transparent and accountable manner in accordance with Union law and national law, have sufficient powers and shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing Union law. This shall not prevent supervision in accordance with national constitutional law. Only appeal bodies set up in accordance with Article 31 shall have the power to suspend or overturn decisions by the national regulatory authorities.
Amendment 416 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. National regulatory authorities, other competent authorities under this Directive, and national competition authorities shall provide each other with the information necessary for the application of the provisions of this Directive. In respect of the information exchanged, Union data protection rules shall apply, and the receiving authority shall ensure the same level of confidentiality as the originating authority.
Amendment 417 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure the freedom to provide electronic communications networks and services, subject to the conditions set out in this Directive. To this end, Member States shall not prevent an undertaking from providing electronic communications networks or services, except where this is necessary for the reasons set out in Article 52 (1) of the Treaty. Any such limitation to the freedom to provide electronic communications networks and services shall be duly reasoned and shall be, provided for by law, respect the essence of the rights and freedoms recognised by the Charter and be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter and notified to the Commission.
Amendment 441 #
Proposal for a directive
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3 a. Where information contains personal data, the Commission, BEREC and the authorities concerned shall ensure the compliance of data processing with Union data protection rules.
Amendment 1069 #
Proposal for a directive
Article 92 – paragraph 1
Article 92 – paragraph 1
Providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end-users based on the end-user's nationality or place of residence unless such differences are objectively justified and in compliance with the scope and interpretation of fundamental rights as provided for in Article 52 of the Charter.
Amendment 1076 #
Proposal for a directive
Article 93 – paragraph 2 a (new)
Article 93 – paragraph 2 a (new)
2 a. By ...[date] in order to contribute to the consistent application of fundamental rights safeguard, BEREC shall, after consulting stakeholders and in close cooperation with the Commission and the European Union Agency for Fundamental Rights (FRA), issue guidelines on common approaches to ensure that national measures regarding end-users' access to, or use of, services and applications through electronic communications networks respect the fundamental rights and freedoms, as guaranteed by the Charter and general principles of Union law
Amendment 1097 #
Proposal for a directive
Article 114 – paragraph 3 a (new)
Article 114 – paragraph 3 a (new)
3 a. The Commission shall periodically review the application of the fundamental rights safeguard referred to in Article 93. Such review shall be carried out every five year.