Activities of Barbara KAPPEL related to 2016/0288(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council establishing the European Electronic Communications Code (EECC) (recast) PDF (3 MB) DOC (572 KB)
Amendments (30)
Amendment 147 #
Proposal for a directive
Citation 3
Citation 3
After transmission of the draft legislative act to the national parliaments, having regard to their reasoned opinions,
Amendment 161 #
Proposal for a directive
Recital 13
Recital 13
(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they comparticiparte with this baseline scenario in terms of their capabilitieto bridging the geographical digital divide and ensure a cost-efficient upgrade path to high speed connectivity and high quality services in unserved / underserved areas. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.
Amendment 173 #
Proposal for a directive
Recital 17
Recital 17
(17) Interpersonal communications services are services that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. An example for such an exception could be, in principle, a communication channel in online games or document sharing applications, depending on the features of the communication facility of the service. Similarly, to the extent a multi-feature service contains a communications feature or element that (on its particular facts) can properly be considered to be an interpersonal communications service [that can be used on a standalone basis], only that separable feature or element should be considered as an interpersonal communications service.
Amendment 183 #
Proposal for a directive
Recital 24
Recital 24
(24) The principle that Member States should apply EU law in a technologically neutral fashion, that is to say that a national regulatory or other competent authority neither imposes nor discriminates in favour of the use of a particular type of technology, does not preclude the taking of proportionate steps to promote certain specific services where this is justified in order to attain the objectives of the regulatory framework, for example digital television as a means for increasing spectrum efficiency, or generally the migration to enhanced services as a means for increasing consumers' satisfaction. Furthermore, it does not preclude taking into account that certain transmission media have physical characteristics and architectural features that can be superior in terms of quality of service, capacity, maintenance cost, energy efficiency, management flexibility, reliability, robustness and scalability, and ultimately in terms of performance, which can be reflected in actions taken in view of pursuing the various regulatory objectives.
Amendment 192 #
Proposal for a directive
Recital 53
Recital 53
(53) Member States may need to amend rights, conditions, procedures, charges and fees relating to general authorisations and rights of use where this is objectively justified. Such changes should be duly notified to all interested parties in good time, giving them adequate opportunity to express their views on any such amendments. Taking into account the need to ensure legal certainty and to promote regulatory predictability, any restriction or withdrawal of existing rights of use for radio spectrum or to install facilities should be subject to predictable and transparent procedures; hence stricter requirements or a notification mechanism could be imposed where rights of use have been assigned pursuant to competitive or comparative procedures. Unnecessary procedures should be avoided in case of minorRadio spectrum is a scarce resource that belongs to the Member States and that national specificities and needs must be respected as regards management and assignment, as pointed out by the Commission; developing tools aimendments to existing rights to install facilities or to use spectrum when such amendments do not impact on third pard to facilitate dissemination of best practices' interests. The change in the use of spectrum as a result of the application of technology and service neutrality principl and experiences between Member States should not be considered a sufficient justification for a withdrawal of rights since it does not constitute the granting of a new rightdesirable.
Amendment 207 #
Proposal for a directive
Recital 61
Recital 61
(61) In the case of specific and well defined digital exclusion areas, national regulatory authorities should have the possibility to organise a call for declarations of interest with the aim of identifying undertakings that are willing to invest in very high capacity networks. In the interests of predictable investment conditions and taking account of progressive technology innovation, national regulatory authorities should be able to share information with undertakings expressing interest in deploying very high- speed networks on whether other types of network upgrades, including those below 100 Mbps download speed, are present or foreseen in the area in question.
Amendment 208 #
Proposal for a directive
Recital 61 a (new)
Recital 61 a (new)
(61 a) In underdeveloped areas, national regulatory authorities should have the possibility to organise a call for declarations of interest with the aim of identifying undertakings that are willing to invest in high capacity networks able to provide download speed between 30 and 100 Mbps by 2020.
Amendment 218 #
Proposal for a directive
Recital 103
Recital 103
(103) Ensuring ubiquitous connectivity in each Member State is essential for economic and social development, participation in public life and social and territorial cohesion. As connectivity becomes an integral element to European society and welfare, EU-wide coverage should be achieved by relying on imposition by Member States of appropriate coverage requirements, which should be adapted to each area served and limited to proportionate burdens in order not to hinder deployment by service providers. Coverage of the territory as well as connectivity across Member States should be maximised and reliable, with a view to promote in-border and cross-border services and applications such as connected cars and e-health. Therefore, in order to increase regulatory certainty and predictability of investment needs and to guarantee proportionate and equitable connectivity for all citizens, application by competent authorities of coverage obligations should be coordinated at Union level. Considering national specificities, such coordination should be limited to general criteria to be used to define and measure coverage obligations, such as population density or topographical and topological features, in accordance with the principle of technology neutrality.
Amendment 288 #
Proposal for a directive
Recital 259
Recital 259
(259) Caller location information improves the level of protection and the security of end-users and assists the emergency services in the discharge of their duties, provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of PSAPs. The reception and use of caller location information should comply with relevant Union law on the processing of personal data. Undertakings that provide network-based location should make caller location information available to emergency services as soon as the call reaches that service, independently of the technology used. However handset-based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the EGNOS and Galileo Satellite system and other Global Navigation Satellite Systems and Wi-Fi data. Therefore handset-derived caller location information should complement network-based location information even if the handset-derived location may become available only after the emergency communication is set up. Member States should ensure that the PSAPs are able to retrieve and manage the caller location information available. The establishment and transmission of caller location information should be free of charge, where feasible, for both the end-user and the authority handling the emergency communication irrespective of the means of establishment, for example through the handset or the network, or the means of transmission, for example through voice channel, SMS or Internet Protocol-based.
Amendment 319 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'interpersonal communications service’' means a servicn electronic communications service whose primary purpose is to enable normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as an a minor ancillary feature that is intrinsically linked to another service;
Amendment 323 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘'number-based interpersonal communications service’' means an interpersonal communications service which connects with the public switched telephone network, eitherfor receiving communications by means of an assigned numbering resources, i.e. a number or numbers in national or interment of a number in the national telephone numbering plans, or by enablfor originating communication withs to a number or numbers in national or international telephone numbering plans;
Amendment 325 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) 'number-independent interpersonal communications service' means an interpersonal communications service which does not connect with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in national or interthe national telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans; it does not include information society services that allow interpersonal and interactive communication as a secondary feature;
Amendment 327 #
Proposal for a directive
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
(15 a) 'subscriber' means any person or legal entity who or which is party to a contract with the provider of publicly available electronic communications services for the supply of such services;
Amendment 334 #
Proposal for a directive
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
(26) 'shared use of radio spectrum' means access by two or more users to use the same frequencies under a defined sharing arrangement, authorised by a national regulatory authority on the basis of a general authorisation, individual rights of use or a combination thereof, including regulatory approaches such as licenced shared access aiming to facilitate the shared use of a frequency band, subject to a binding agreement of all parties involved, in accordance with sharing rules as included in their rights of use so as to guarantee to all users predictable and reliable sharing arrangements, and without prejudice to the application of competition law;
Amendment 336 #
Proposal for a directive
Article 2 – paragraph 1 – point 32
Article 2 – paragraph 1 – point 32
(32) 'voice communications’ means a service' means a number-based interpersonal communications service made available to the public for originating and receiving, directly or indirectly, national or national and international calls through a number or numbers in a national or international telephone numbering plan;
Amendment 379 #
Proposal for a directive
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) applying EU law in a technologically neutral fashion which neither imposes nor discriminates in favour of the use of a particular type of technology, to the extent that this is consistent with the achievement of the objectives of paragraph 1;
Amendment 393 #
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, a scarce resource that belongs to the Member States. They might take into consideration, inter alia, the economic, safety, health, public interest, public security and defence, 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 394 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. By cooperating with each other and, where appropriate, with the Commission, Member States shall promote the coordination of radio spectrum policy approaches in the European Union and, where appropriate, harmonised conditions with regard to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market in electronic communications.
Amendment 485 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. When national regulatory authorities take measures pursuant to paragraph 3, they shall do so according to an efficient, objective, transparent, technologically neutral and non- discriminatory procedure, whereby no undertaking is a priori excluded. Failure to provide information pursuant to paragraph 1(b) or to respond to the call for interest pursuant to paragraph 3 may be considered as misleading information pursuant to Articles 20 or 21.
Amendment 543 #
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
Amendment 623 #
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 1
Article 46 – paragraph 1 – subparagraph 1
Member States shall facilitate the use of radio spectrum, including shared use, under general authorisations and limit the granting of individual rights of use for radio spectrum to situations where such rights are necessary to maximise efficient use in the light of demand and, taking into account the criteria set out in the second subparagraph and the continuity of services already operating in the same radio spectrum. In all other cases, they shall set out the conditions for the use of radio spectrum in a general authorisation.
Amendment 1059 #
Proposal for a directive
Article 81 – paragraph 1
Article 81 – paragraph 1
1. Where a Member State has duly demonstrated, account taken of the results of the geographical survey conducted in accordance with Article 22(1), that the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voice communications service canis not becurrently ensured under normal commercial circumstances or through other potential public policy tools, it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory.
Amendment 1060 #
Proposal for a directive
Article 83 – paragraph 1
Article 83 – paragraph 1
1. Member States shall ensure that in providing facilities and services additional to those referred to in Article 79, those undertakings providing thevoice communications and internet access services in accordance with Article 79, 81 and 82 establish terms and conditions in such a way that the end-user is not obliged to pay for facilities or services which are not necessary or not required for the service requested.
Amendment 1068 #
Proposal for a directive
Article 91 – paragraph 1 – introductory part
Article 91 – paragraph 1 – introductory part
1. Member States shall ensure that, where technically and economically feasible, and except where a called end- user has chosen for commercial reasons to limit access by calling parties located in specific geographical areas, national regulatory authorities take all necessary steps to ensure that end-users of voice communications services are able to:
Amendment 1082 #
Proposal for a directive
Article 95 – paragraph 6
Article 95 – paragraph 6
6. Providers of internet access services and providers of publicly available number-based interpersonalvoice communications services shall offer end- users the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption. This facility shall include access to timely information on the level of consumption of services included in a tariff plan.
Amendment 1083 #
Proposal for a directive
Article 96 – paragraph 1
Article 96 – paragraph 1
1. National regulatory authorities shall ensure that the information referred to in Annex VIII is published in a clear, comprehensive and easily accessible form by the undertakings providing publicly available electronvoice communications services other than number-independent interpersonal communications services, or by the national regulatory authority itself. National regulatory authorities may specify additional requirements regarding the form in which such information is to be publishedr publicly available internet access services.
Amendment 1084 #
Proposal for a directive
Article 96 – paragraph 2 – subparagraph 1
Article 96 – paragraph 2 – subparagraph 1
National regulatory authorities shallmight ensure that end-users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs, and the quality of service performance of different publicly available electronic communications services other than number-independent interpersonal communications services.
Amendment 1093 #
Proposal for a directive
Article 107 – paragraph 1
Article 107 – paragraph 1
1. Without prejudice to Article 83(2), Member States shall ensure that national regulatory authorities are able to require all undertakings that provide internet access services and/or publicly available number- based interpersonalvoice communications services to make available all or part of the additional facilities listed in Part B of Annex VI, subject to technical feasibility and economic viability, as well as all or part of the additional facilities listed in Part A of Annex VI.
Amendment 1098 #
Proposal for a directive
Annex I – paragraph 1
Annex I – paragraph 1
The conditions listed in this Annex provide the maximum list of conditions which may be attached to general authorisations for electronic communications networks and services, except number-independent interpersonal communications services , (Part A), electronic communications networks (Part B), electronvoice communications services, except number- independent interpersonal communication and internet access services, (Part C), rights to use radio frequencies (Part D) and rights to use numbers (Part E).
Amendment 1100 #
Proposal for a directive
Annex I – part A – point 4
Annex I – part A – point 4
4. Enabling of legal interception by competent national authorities where the provider is established or operates an electronic communications network and in conformity with Directive 2002/58/EC and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data54 . _________________ 54 OJ L 281, 23.11.1995, p. 31 and Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters.