71 Amendments of Evelyne GEBHARDT related to 2016/0288(COD)
Amendment 193 #
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44a) Member States should ensure that end-users with disabilities enjoy equal access and choice to electronic communication services, in respect to the obligations enshrined in the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and according to the UNCRPD Committee General Comment nº 2 on Accessibility on the application of Universal Design approach. Member States should therefore take the necessary measures, including ex ante conditions, to ensure that electronic communication service providers and related equipment manufacturers make their services and products accessible for end-users with disabilities following a Universal Design approach.
Amendment 212 #
Proposal for a directive
Recital 196
Recital 196
(196) A fundamental requirement of universal service is to ensure that all end- users havefollow a Universal Design approach in order to ensure that all end-users, including end-users with disabilities, have equal access ato an affordable price toand available functional internet access and voicetwo-way communications services, at least at a fixed location to all citizens, especially for socially disadvantaged communities. Member States should also have the possibility to ensure affordability, availability and accessibility of services not provided at a fixed location butlso to citizens on the move, where they deem this necessary to ensure their full social and economic participation in society. There should be no limitations on the technical means by which the connection is provided, allowing for wired or wireless technologies, nor any limitations on the category of operators which provide part or all of universal service obligations.
Amendment 223 #
Proposal for a directive
Recital 206
Recital 206
(206) Member States should introduce measures to promote the creation of a market for affordabased on a Universal Design approach for affordable and accessible products and services incorporating facilities for disabled end- users, including equipment with assistive technologi with disabilities, including when necessary assistive technologies interoperable with publicly available electronic communication equipment and services. This can be achieved, inter alia, by referring to European standards, or by introducing requirements in accordance with Directive xxx/YYYY/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services38 Member States should define appropriate measures according to national circumstances, which gives flexibility for Member States to take specific measures for instance if the market is not delivering affordable and accessible products and services incorporating facilities for disabled end- users with disabilities under normal economic conditions. __________________ 38OJ C […], […], p. […]. 38 OJ C […], […], p. […].
Amendment 238 #
Proposal for a directive
Recital 232
Recital 232
(232) Provisions on contracts in this Directive should apply irrespective the amount of any payment to be made by the customer. They should apply not only to consumers but also to micro and small enterprises as defined in Commission Recommendation 2003/361/EC, whose bargaining position is comparable to that of consumers and which should therefore benefit from the same level of protection. The provisions on contracts, including those contained in Directive 2011/83/EU onIn order to achieve a high level of consumer protection, several end-user provisions should be reasonably enhanced in this Directive in the light of best practices in Member States. Minimum harmonisation of consumers' rights, should apply automatically to those undertakings unless they prefer negotiating individualised contract terms with providers of electronic communications services. As opposed to micro and small enterprises, larger enterprises usually have stronger bargaining power and do, therefore, not depend on the same contractual information requirements as consumers. Other provisions, such as number portability, which are important also for larger enterprises should continue to apply to all end-users across Europe increases the trust of end-users in the internal market as they benefit from a high level of protection when using electronic communications networks and services. Therefore, Member States should maintain the possibility to have a higher level of end-user protection and to act in areas not covered by this Directive.
Amendment 239 #
Proposal for a directive
Recital 232 a (new)
Recital 232 a (new)
(232a) Very significant price differences continue to prevail, both for fixed and mobile communications, between domestic voice and SMS communications and those terminating in another Member State. While there are substantial variations between countries, operators and tariff packages, and between mobile and fixed services, this continues to affect more vulnerable customer groups and to pose barriers to seamless communication within the EU. Any significant retail price differences between electronic communications services terminating in the same Member State and those terminating in another Member State should therefore be justified by reference to objective criteria.
Amendment 241 #
Proposal for a directive
Recital 233
Recital 233
(233) The specificities of the electronic communications sector require, beyond horizontal contract rules, a limited number ofn additional end- user protection provisions. End-users should inter alia be informed of any quality of service levels offered,, conditions for promotions and termination of contracts, applicable tariff plans and tariffs for services subject to particular pricing conditions. That information is relevant for most publicly available electronic communications services but not for number-independent interpersonal communications services. In order to enable the end-user to make a well- informed choice, it is essential that the required relevant information is provided prior to the conclusion of the contract and in clear and understandable language. For the same reason, providers should present a summary of the essential contract terms. In order to facilitate comparability and reduce compliance cost, BEREC should issue a template for such contract summaries. The pre-contractual information as well as the summary template should constitute an integral part of the final contract.
Amendment 242 #
Proposal for a directive
Recital 233 a (new)
Recital 233 a (new)
(233a) Providers of electronic communication network and/or internet access service and interpersonal communication services provided for remuneration should offer to end-users the possibility to set a financial cap on their usage. This should ensure that without the end-user's explicit consent, the accumulated expenditure over the specified billing period does not exceed a specified financial limit set by the end- user and that an appropriate notification shall be sent to the end-user, when consumption of services has reached the financial limit.
Amendment 243 #
Proposal for a directive
Recital 235
Recital 235
(235) With respect to terminal equipment, the customer contract should specify any reshere a compensation linked to subsidised terminal equipment bundled with the contract at the moment of the contriactions imposed by the provider on the use of the equipment, such as by way of ‘SIM-locking’ mobile devices, if such restrictions are not prohibited under national legislation, and any charges due on termination of the contract, whether before or on the agreed expiry date, including any cost imposed in order to retain the equipment. Any charges due at early termination for conclusion exists, the maximum compensation that consumers should pay shall be determined based on either the remaining instalments for the terminal equipment bundled with the contract at the moment of the contract conclusion or the remaining part of the service fee until the end of the contract, whichever amount is smaller. Any restriction on the usage of terminal equipment andon other promotional advantages should be calculated on the basis of customary depreciation methods and on a pro rata temporis basis, respectivelynetworks shall be lifted, free of charge, by the provider at the latest upon payment of such compensation.
Amendment 244 #
Proposal for a directive
Recital 237
Recital 237
(237) The availability of transparent, up- to-date and comparable information on offers and services is a key element for consumers in competitive markets where several providers offer services. End-users should be able to easily compare the prices of various services offered on the market based on information published in an easily accessible form. In order to allow them to make price and service comparisons easily, national regulatory authorities should be able to require from undertakings providing electronic communications networks and/or electronic communications services other than number-independent interpersonal communications services greater transparency as regards information (including tariffs, quality of service, restrictions on terminal equipment supplied, and other relevant statistics). Any such requirements should take due account of the characteristics of those networks or services. They should also ensure that third parties have the right to use, without charge, publicly available information published by such undertakings, in view of providing comparison tools. No internet access or interpersonal communication service provider should be given favourable treatment in search results.
Amendment 248 #
Proposal for a directive
Recital 244
Recital 244
(244) In order to take full advantage of the competitive environment, consumers should be able to make informed choices and to change providers when it is in their best interest. It is essential to ensure that they are able to do so without being hindered by legal, technical or practical obstacles, including contractual conditions, procedures, charges etc. That does not preclude undertakings from setting reasonable minimum contractual periods of up to 24 months in consumer contracts. However, Member States should have the possibility to set a shorter maximum duration in light of national conditions, such as levels of competition and stability of network investments. Independently from the electronic communications service contract, consumers might prefer and benefit from a longer reimbursement period for physical connections. Such consumer commitments can be an important factor in facilitating deployment of very high capacity connectivity networks up to or very close to end-user premises, including through demand aggregation schemes which enable network investors to reduce initial take-up risks. However, the rights of consumers to switch between providers of electronic communications services, as established in this Directive, should not be restricted by such reimbursement periods in contracts on physical connections.
Amendment 249 #
Proposal for a directive
Recital 245
Recital 245
(245) Consumers should be able to terminate theira contract without incurring any costs also in cases of automa a one-month notice prolongation after the expiration of the initial contract termeriod. No termination penalties shall be due.
Amendment 251 #
Proposal for a directive
Recital 246
Recital 246
(246) Any changes to the contractual conditions improposed by providers of publicly available electronic communications services other than number-independent interpersonal communications services, to the detriment of the end-user, for example in relation to charges, tariffs, data volume limitations, data speeds, coverage, or the processing of personal data should be considered as giving rise to the right of the end-user to terminate the contract without incurring any costs, even if they are combined with some beneficial changes. Subscription to one or more additional services offered should not re- start or extend the initial contract period unless the initial services or the additional services are offered at a special promotional price conditioned to the renewal of the existing contract, subject to the explicit previous agreement of the consumer to extend or renew the contract.
Amendment 269 #
Proposal for a directive
Recital 257
Recital 257
(257) Member States should take specific measures to ensure that emergency services, including ‘112’, are equally accessible to disabled end-userend-users with disabilities, in particular deaf, hearing-impaired, speech- impaired and deaf-blind users through real time text or the use of third party relay services interoperable with the telephony networks across the EU. This could also involve the provision of special terminal devices for hearing-impaired users, text relay services, or other specific equipmentpeople with disabilities when the abovementioned ways of communication are not suitable for them.
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 277 #
Proposal for a directive
Recital 262
Recital 262
(262) In addition to the affordability measures for disabled userusers with disabilities set out in this Directive, Directive xxx/YYYY/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services sets out several compulsory requirements for the harmonisation of a number of accessibility features for disabled userusers with disabilities of electronic communications services and related consumer terminal equipment. Therefore the corresponding obligation in this Directive that required Member States to encourage the availability of terminal equipment for disabled userusers with disabilities has become obsolete and should be repealed except for the provision of assistive technologies interoperable with publicly available electronic communication terminal equipment and services, when the latter do not meet the needs of specific groups of persons with disabilities.
Amendment 372 #
Proposal for a directive
Article 38 – paragraph 3 – point b
Article 38 – paragraph 3 – point b
(b) numbering, including number ranges, portability of numbers and identifiers, number and address translation systems, and access to 112 emergency servicinteroperability of total conversation services and access to 112 emergency services, including for persons with disabilities.
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 518 #
Proposal for a directive
Article 90 – paragraph 1
Article 90 – paragraph 1
1. Member States shall ensure that citizens have access to a service operating a hotline to report cases of missing children free of charge. The hotline shall be available on the number ‘116000’.
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 521 #
Proposal for a directive
Article 90 – paragraph 2 a (new)
Article 90 – paragraph 2 a (new)
2a. Member States shall ensure that appropriate measures needed to achieve a sufficient level of service quality in operating the 116 000 number as well as engaging necessary financial resources to operate the hotline are implemented.
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 534 #
Proposal for a directive
Article 94 – paragraph 1
Article 94 – paragraph 1
Member States shall notmay maintain or introduce in their national law additional requirements on end-user protection provisions on the subject- matters covered by this Title and diverging from the provisions laid down in this Title, including more or less stringent provisions to ensure a differenthigher level of consumer protection, unless otherwise provided for in this Title.
Amendment 536 #
Proposal for a directive
Article 95 – paragraph -1 (new)
Article 95 – paragraph -1 (new)
–1. The pre-contractual information provided in this article including the contract summary shall constitute an integral part of the final contract and is without prejudice to the requirements laid down in Directive 2011/83/EU. Member States shall ensure that the information referred to in this Article is provided in a clear, comprehensive and easily accessible manner. On a request made by the consumer or other end-users, a copy of the information can also be provided on a durable medium and in accessible formats for end-users with disabilities.
Amendment 539 #
Proposal for a directive
Article 95 – paragraph 1 – introductory part
Article 95 – paragraph 1 – introductory part
1. Before a consumer is bound by a contract or any corresponding offer, providers of publicly available electronic communications services other than number-independent interpersonal communications services, shall provid, shall provide free of charge the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, irrespective of the amount of any payment to be made, andt least the following information in a clear and comprehensible mann, where relevant to the services they are providing to a consumer:
Amendment 552 #
Proposal for a directive
Article 95 – paragraph 1 – point a – point ii
Article 95 – paragraph 1 – point a – point ii
(ii) without prejudice to the right of end-users to use terminal equipment of their choice in accordance with Article 3(1) of Regulation 2015/2120/EC, any fees and restrictions imposed by the provider on the use of terminal equipment supplied and the necessary technical information for the proper functioning of the equipment chosen by the consumer;
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 556 #
Proposal for a directive
Article 95 – paragraph 1 – point c – point i
Article 95 – paragraph 1 – point c – point i
(i) details of tariffspecific tariff plan or plans under the contract and, for each such tariff plan the types of services offered, including where applicable, the volumes of communications (MB, minutes, SMS) included per billing period, and the price for additional communication units,
Amendment 557 #
Proposal for a directive
Article 95 – paragraph 1 – point c – point i a (new)
Article 95 – paragraph 1 – point c – point i a (new)
(ia) in the case of tariff plan or plans with a pre-set volume of communications, the possibility for consumers to defer any unused volume from the preceding billing period to the following billing period,
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 560 #
Proposal for a directive
Article 95 – paragraph 1 – point c – point ii a (new)
Article 95 – paragraph 1 – point c – point ii a (new)
(iia) information on what might be the most suitable tariff for end-users based on their usage pattern, information regarding alternative lower-costs tariffs, if available and the possibility to switch between tariffs,
Amendment 561 #
Proposal for a directive
Article 95 – paragraph 1 – point c – point iv
Article 95 – paragraph 1 – point c – point iv
(iv) details of after-sales service and maintenance charges, and maintenance services and customer support services provided, the conditions and charges for these services, and the means of contacting these services,
Amendment 562 #
Proposal for a directive
Article 95 – paragraph 1 – point c – point v
Article 95 – paragraph 1 – point c – point v
(v) the means by which up-to-date information on all applicable tariffs and maintenance charges may be obtainedare made available;
Amendment 565 #
Proposal for a directive
Article 95 – paragraph 1 – point d – point ii
Article 95 – paragraph 1 – point d – point ii
(ii) any procedures and charges related to switching and the portability of numbers and other identifiers and compensation and refund arrangements for delay or abuse of switching,
Amendment 568 #
Proposal for a directive
Article 95 – paragraph 1 – point g a (new)
Article 95 – paragraph 1 – point g a (new)
(ga) access to information on emergency services and caller location.
Amendment 569 #
Proposal for a directive
Article 95 – paragraph 2 – introductory part
Article 95 – paragraph 2 – introductory part
2. In addition to the requirements set out in paragraph 1 providers of publicly available number-based interpersonal communications services shall provide at least the following information in a clear and, comprehensible and easily accessible manner:
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 583 #
Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – point a
Article 95 – paragraph 5 – subparagraph 1 – point a
(a) the name and address of the providerand contact information of the provider and if different, the contact information for any complaints,
Amendment 584 #
Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – point c
Article 95 – paragraph 5 – subparagraph 1 – point c
(c) the respective prices or types of remuneration including taxes and any applicable or additional charges,
Amendment 591 #
Proposal for a directive
Article 95 – paragraph 6 b (new)
Article 95 – paragraph 6 b (new)
6b. Member States may maintain or introduce in their national law additional requirements to ensure a higher level of consumer protection in relation to information requirements for contracts to which this Article applies.
Amendment 605 #
Proposal for a directive
Article 96 – paragraph 2 – subparagraph 3
Article 96 – paragraph 2 – subparagraph 3
Comparison tools fulfilling the requirements in points (a) to (g) shall, upon request, be certified by national regulatory authorities. Third parties shall have a right to use, free of charge, and in open data formats the information published by undertakings providing publicly available electronic communications services, other than number-independent interpersonal communications services, for the purposes of making available such independent comparison tools.
Amendment 612 #
Proposal for a directive
Article 97 – paragraph 1
Article 97 – paragraph 1
1. National regulatory authorities may require providers of internet access services and of publicly available number- based interpersonal communications services to publish comprehensive, comparable, reliable, user-friendly and up- to-date information for end-users on the quality of their services and on measures taken to ensure equivalence in access for disabled end-users. That information shall, on request, be supplied to the national regulatory authority in advance of its publication. Interpersonal communication services shall inform the consumer, if the quality of services they provide depends on any external factors, such as network connectivity.
Amendment 622 #
Proposal for a directive
Article 98 – paragraph 1 – subparagraph 1 a (new)
Article 98 – paragraph 1 – subparagraph 1 a (new)
Publicly available interpersonal communications service shall maintain the possibility to offer contracts to end- users without any specific termination date or fix duration, however for such contracts end-users shall be able to terminate the contract without any prior notice to the provider of publicly available interpersonal communication services.
Amendment 623 #
Proposal for a directive
Article 98 – paragraph 1 – subparagraph 2
Article 98 – paragraph 1 – subparagraph 2
This paragraph shall not apply to the duration of an instalment contract where the consumer has agreed in a separate contract to instalment payments for deployment of a physical connection to a very high capacity connectivity network up to or very close to end-user premises. However, the rights of consumers to switch between providers of electronic communications services, as established in this Directive, should not be restricted by such contracts linked to the deployment of very high capacity connectivity networks.
Amendment 624 #
Proposal for a directive
Article 98 – paragraph 2
Article 98 – paragraph 2
2. Where a contract or national law provides for the possibility of a fixed duration contract to be automatically prolonged, the Member State shall ensure that, after the expiration of the initial period and unless the consumer has explicitly agreed to theextended or renewed after the end of the contract, the Member State shall ensure that the consumer is properly informed and explicitly agrees to such extension or renewal and that the consumer has at least one month to oppose such automatic extension or renewal of the contract, consumers are entitled to after the expiration of the initial period. The extended or renewed contract can be terminated by the contractsumer at any time with ano more than one-month notice period and without incurring any costs except the cost of providing the service during the notice period.
Amendment 629 #
Proposal for a directive
Article 98 – paragraph 2 b (new)
Article 98 – paragraph 2 b (new)
2b. Member States may extend the provisions of this Article to all end-users including not-for-profit organisations.
Amendment 634 #
Proposal for a directive
Article 98 – paragraph 4
Article 98 – paragraph 4
4. Where an earlyConsumers shall have the right to termination ofe a contract on a publicly available electronic communications service by the end-user is possible in accordance with this Directive, other provisions of Union law or national law, no compensation shall be due by the end-usgiving a one-month notice. No termination penalties shall be due. Where a compensation linked to subsidised terminal equipment bundled with the contract at the moment of the contract conclusion exists, the maximum compensation that consumers should pay shall be determined either on ther than for the pro rata temporis value of subsidised remaining instalments for the terminal equipment bundled with the contract at the moment of the contract conclusion and a pro rata temporis reimbursement for any other promotional advantages marked as such ator on the remaining part of the service fee until the momentd of the contract conclusion, whichever amount is smaller. Any restriction on the usage of terminal equipment on other networks shall be lifted, free of charge, by the provider at the latest upon payment of such compensation.
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 642 #
Proposal for a directive
Article 99 – paragraph 2
Article 99 – paragraph 2
2. Member States shall ensure that all end-users with numbers from the national telephone numbering plan who so request canshall have the right to retain their number(s) independently of the undertaking providing the service in accordance with the provisions of Part C of Annex VI.
Amendment 649 #
Proposal for a directive
Article 99 – paragraph 5 – subparagraph 2
Article 99 – paragraph 5 – subparagraph 2
The receiving provider shall lead the switching and porting process. National regulatory authorities may establish the global process of switching and of porting of numbers, taking into account national provisions on contracts, technical feasibility and the need to maintain continuity of service to the end-user the necessary end-user protection throughout the switching process and the need to ensure the efficiency of such process for the end-user. In any event, loss of service during the process of porting shall not exceed one working day. In case of failure of the porting process, the transferring provider shall reactivate the number of the end-user until the porting is successful National regulatory authorities shall also take appropriate measures ensuring that end-users are adequately informed and protected throughout the switching process and are not switched to another provider against their will.
Amendment 650 #
Proposal for a directive
Article 99 – paragraph 5 – subparagraph 2 a (new)
Article 99 – paragraph 5 – subparagraph 2 a (new)
The end-users' contracts with the transferring provider shall be terminated automatically upon conclusion of the switching process. Transferring providers shall refund any remaining credit to the consumers using pre-paid services.
Amendment 652 #
Proposal for a directive
Article 99 – paragraph 6
Article 99 – paragraph 6
6. Member States shall ensure that appropriate sanctions on undertakings are provided for, including an obligation to compensate end-users in case of delay in porting or abuse of porting including not making available information necessary for porting in a timely manner, by them or on their behalf.
Amendment 658 #
Proposal for a directive
Article 100 – paragraph 1
Article 100 – paragraph 1
1. If a bundle of services or a bundle of services and goodsterminal equipment offered to an end- user comprises at least a publicly available electronic communications service other than number-independent interpersonal communications services, Articles 95, 96 (1), 98 and 99 (1) shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the end-user.
Amendment 664 #
Proposal for a directive
Article 100 – paragraph 2
Article 100 – paragraph 2
2. Any subscription to additional services or goods provided or distributed by the same provider of publicly available electronic communications services other than number-independent interpersonal communications services shall not re-start the contract period of the initial contract unless the consumer explicitly consents and the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re-started.
Amendment 665 #
Proposal for a directive
Article 100 – paragraph 2 a (new)
Article 100 – paragraph 2 a (new)
2a. Providers of electronic communications services other than number independent interpersonal communications service shall give consumers the possibility to cancel or switch individual parts of the bundled contract.
Amendment 666 #
Proposal for a directive
Article 100 – paragraph 2 b (new)
Article 100 – paragraph 2 b (new)
2b. 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 667 #
Proposal for a directive
Article 102 – paragraph 1
Article 102 – paragraph 1
1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones, are able to access the emergency services and of private telecommunications networks , relay services and total conversation services, are able to access the emergency services or, where applicable the internal emergency services, through emergency communications free of charge and without having to use any means of payment, pre- registration or pre-installation, by using the single European emergency number ‘112’ and any national emergency number specified by Member States.
Amendment 676 #
Proposal for a directive
Article 102 – paragraph 2
Article 102 – paragraph 2
2. Member States, in consultation with national regulatory authorities and emergency services and providers of electronic communications services, shall ensure that undertakings providing end- users with number-based interpersonal communications service provide access to emergency services through emergency communications including where technically feasible through total conversation services, to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency services the obligation for undertakings if technically feasible may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c). Prior to extending the scope to all interpersonal communication services, the Commission, shall assess in close consultation with industry, Member States PSAPs, standardisation bodies and other relevant stakeholders, the feasibility to provide accurate and reliable access to emergency service, including location data, and of the Public Safety Answering Points to be capable of receiving such communications through number- independent interpersonal communications services.
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 690 #
Proposal for a directive
Article 102 – paragraph 3 a (new)
Article 102 – paragraph 3 a (new)
3a. The Commission, having consulted the national regulatory authorities and emergency services, shall adopt performance indicators applicable to the Member States emergency services. The Commission shall every two years submit a report to the European Parliament and the Council on the effectiveness of the implementation of the European emergency call number "112" and on the functioning of the performance indicators.
Amendment 694 #
Proposal for a directive
Article 102 – paragraph 4
Article 102 – paragraph 4
4. Member States shall ensure that access for disabled end-userend-users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end-users. Measures taken to ensure that disabled end-users are able to access emergency services through including through total conversation services and available third party relay services. The Commission and the national regulatory and other competent authorities shall take appropriate measures to ensure that end-users with disabilities can access emergency services on equal basis with other end-users whilst travelling in other Membergency communications whilst travelling in o States in particular through the use of total conversation services and available relay services. These measures shall ensure interoperability across ther Member States and shall be based to the greatest extent possible on European standards or specifications published in accordance with the provisions of Article 39, and they shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in this Article.
Amendment 699 #
Proposal for a directive
Article 102 – paragraph 5
Article 102 – paragraph 5
5. Member States shall ensure that caller location information which includes both network based location information and where available enhanced handset caller location information is available to the PSAP without delay after the emergency communication is set up. Member States shall ensure that the establishment and the transmission of the caller location information respect data privacy and security rules and are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘112’, including calls from private telecommunications networks and roaming calls. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall layBy 6 months after the entry into force of the Directive at the latest, BEREC, having consulted the stakeholders and in close collaboration with the Commission, shall set up guidelines laying down the criteria for the accuracy and reliability of the caller location information to be provided. to the emergency services in order to improve the accuracy and reliability of the caller location information of a 112 call.
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 715 #
Proposal for a directive
Article 102 – paragraph 7 – subparagraph 1
Article 102 – paragraph 7 – subparagraph 1
In order to ensure effective access to emergency services through emergency communications to ‘112’ services in the Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 109 on the measures necessary to ensure the compatibility, interoperability, quality, reliability and continuity of emergency communications in the Union with regard to caller location solutions, access for disabled end-userend- users and accessibility for persons with disabilities and routing to the most appropriate PSAP.
Amendment 718 #
Proposal for a directive
Article 102 – paragraph 7 – subparagraph 2 a (new)
Article 102 – paragraph 7 – subparagraph 2 a (new)
The Commission shall maintain a secure database of E.164 European emergency service numbers in order to ensure that they can be contacted from any other Member State.
Amendment 724 #
Proposal for a directive
Article 102 a (new)
Article 102 a (new)
Amendment 740 #
Proposal for a directive
Article 105 – paragraph 1 a (new)
Article 105 – paragraph 1 a (new)
Providers of digital television services shall ensure interoperability of terminal equipment so that where technically feasible the terminal equipment is reusable with other providers and if this is not consumers need to be given the possibility through a free and easy process to return the terminal equipment.
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 755 #
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, 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. Where remuneration is to be provided for, the requirement for remuneration and its level shall be laid down by law and Member States shall ensure that it is applied in a proportionate and transparent manner.
Amendment 765 #
Proposal for a directive
Annex V
Annex V