Activities of Jiří MAŠTÁLKA related to 2016/0288(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council establishing the European Electronic Communications Code
Amendments (83)
Amendment 168 #
Proposal for a directive
Recital 10
Recital 10
(10) Certain electronic communications services under this Directive could also fulfil the definition of ‘information society service’ in Article 1 of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services. The provisions governing Information Society Services apply to those electronic communications services to the extent that there are not more specific provisions applicable to electronic communications services in this Directive or in other Union acts. However, electronic communications services such as voice telephony, messaging services and electronic mail services are covered by this Directive. The same undertaking, for example an Internet service provider, can offer both an electronic communications service, such as access to the Internet, and services not covered under this Directive, such as the provision of web-based and not communications-related content.
Amendment 171 #
Proposal for a directive
Recital 14
Recital 14
(14) Definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development. Technological and market evolution has brought networks to move to internet protocol technology, and enabled end-users to choose between a range of competing voice service providers. Therefore, the term 'publicly available telephone service', exclusively used in Directive 2002/22/EC and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term 'voiceconversational communications'. Conditions for the provision of a service should be separated from the actual definitional elements of a voiceconversational communications service, i.e. an electronic 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, whether such a service is based on circuit switching or packet switching technology. It is the nature of such a service that it is bidirectional, enabling both the parties to communicate. A service which does not fulfil all these conditions, such as for example a ‘click-through’ application on a customer service website, is not such a service. VoiceConversational communications services also include means of communication specifically intended for disabled end- users with disabilities using text or video relay or total conversation services, such as voice, video and real-time text singly or in combination within the same call.
Amendment 185 #
Proposal for a directive
Recital 27
Recital 27
(27) It is necessary to give appropriate incentives for investment in new very high capacity networks that will support innovation in content-rich Internet services and strengthen the international competitiveness of the European Union. Such networks have enormous potential to deliver benefits to consumers and businesses across the European Union. It is therefore vital to promote sustainable investment in the development of these new networks, while safeguarding competition and boosting consumer choice through regulatory predictability and consistency.
Amendment 186 #
Proposal for a directive
Recital 28
Recital 28
(28) The aim is progressively to reduce ex ante sector-specific rules as competition in the markets develops and, ultimately, for electronic communications to be governed by competition law only. Considering that the markets for electronic communications have shown strong competitive dynamics in recent years, it is essential that ex ante regulatory obligations conly be imposed where there is no effective and sustainable competition on the retail markets concerntinue to be imposed.
Amendment 190 #
Proposal for a directive
Recital 44
Recital 44
(44) General authorisations should only contain conditions which are specific to the electronic communications sector. It should not be made subject to conditions which are already applicable by virtue of other existing national law which is not specific to the communications sector. For instanceNevertheless, the national regulatory authorities may inform network operators and service providers about applicable environmental and town and country planning requirements, and other legislation concerning their business, for instance through references on their websites.
Amendment 191 #
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 on an equal basis with others, in compliance with the obligations enshrined in the UN Convention on the Rights of persons with Disabilities (UNCRPD). In pursuit of this goal, and according to the UNCRPD Committee General Comment nº 2 on Accessibility, the strict application of Universal Design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity. Universal Design is defined in the UNCRPD as "the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. Universal Design shall not exclude assistive devices for particular groups of persons with disabilities where this is needed." 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 the Universal Design approach.
Amendment 194 #
Proposal for a directive
Recital 45
Recital 45
(45) TIt is essential that the conditions that may be attached to authorisations should cover specific conditions governing accessibility for users with disabilities and the need of public authorities and emergency services to communicate between themselves and with the general public before, during and after major disasters.
Amendment 213 #
Proposal for a directive
Recital 196
Recital 196
(196) A fundamental requirement of universal service is to ensure that all end- usersfollow a Universal Design approach in order to ensure that all end-users, including end-users with disabilities, have access at an affordable price to available functional internet access and voiceconversational communications services, at least at a fixed location. Member States should also have the possibility to ensure affordability of services not provided at a fixed location but 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 218 #
Proposal for a directive
Recital 200
Recital 200
(200) Affordable price means a price defined by Member States at national level in the light of specific national conditions, and may involve special tariff options or packages to deal with the needs of low- income users or users with special social needs,. These end-users may including the eolderly, people, persons withe disabledilities and the end-users living in rural or geographically isolated areas. These offers should be provided with basic features, in order to avoid distortion of the functioning of the marketensure their right to access publicly available electronic communication services. Affordability for individual end- users should be founded upon their right to contract with an undertaking, availability of a number, continued connection of service and their ability to monitor and control their expenditure.
Amendment 222 #
Proposal for a directive
Recital 206
Recital 206
(206) Member States should introduce measures to promote the creation of a market for affordallowing 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 products and services incorporating facilities for disabled end- users with disabilities under normal economic conditions. __________________ 38 OJ C […], […], p. […].
Amendment 258 #
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 the electronic communications market follows a Universal Design approach and 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 261 #
Proposal for a directive
Recital 255
Recital 255
(255) End-users should be able to access emergency services through emergency communications free of charge and without having to use any means of payment, pre- registration, pre-installation of any kind of software, from any device which enables number-based interpersonal communications services, including when using roaming services in a Member State. Emergency communications are means of communication, that include not only voice communications but also SMS, messagingreal-time text, video or other types of communications, including through the use of third party relay services, that are enabled in a Member State to access emergency services. Emergency communication can be triggered on behalf of a person by the eCall in-vehicle system as defined by Regulation 2015/758/EU of the European Parliament and of the Council41 . __________________ 41 Regulation 2015/758/EU of the European Parliament and of the Council concerning type-approval requirements for the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC(OJ L 123, 19.5.2015, p. 77)
Amendment 267 #
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, blind 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 276 #
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-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-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 canNational regulate to wholesale arrangements between undertakings. In order to avoid creating an excessive burden on service providers national regulatory authorities should verifyory authorities should verify in consultation with service providers and representative organisations of persons with disabilities, whether the objectives of equivalent access and choice can actually be achieved without such other measures.
Amendment 278 #
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 userend- users 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 userend- users 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 280 #
Proposal for a directive
Recital 262 a (new)
Recital 262 a (new)
(262a) In case of emergency like a natural disaster or a manmade disaster the electric power supply and the mobile network might be shut down or overloaded. Mobile phones might be the only battery charged means to receive information. Radio is possibly the only remaining tool to inform the public during this time. For this reason the presence of analogue and digital broadcast reception capability should be enabled in all devices and automatically activated in case of emergency. In case of natural or manmade disasters the radio signal shall be turned on automatically on consumer radio equipment
Amendment 281 #
Proposal for a directive
Recital 262 a (new)
Recital 262 a (new)
(262a) In case of emergency, like natural disasters, the electric power supply as well as the mobile network might be shut down or overloaded. Mobile phones might therefore be the only means to receive information. As result, radio may be the only remaining tool to inform the public. Therefore, it is necessary to enable analogue and digital broadcast reception capabilities in all devices, which will be automatically activated in case of emergency. Moreover, the radio signal should be turned on automatically on consumer radio equipment.
Amendment 284 #
Proposal for a directive
Recital 266 a (new)
Recital 266 a (new)
(266a) All consumer equipment enabling the reception of radio and audio signals is to possess the capability to receive radio in a technology neutral manner, by analogue and digital broadcasting, and via IP networks. The radio landscape in Europe is very divergent. FM is still the main broadcasting standard for radio. In order to make listeners enjoy radio when travelling across Europe independently from the standard used in each Member State, all consumer equipment enabling the reception of radio and audio signals, especially radio receivers and in-car devices shall contain and enable chips for analogue and digital radio reception, and via IP networks. If markets decide to switch from analogue radio to digital, the availability of a multi-standard receiver equipment/environment will save radio stations from losing audience reach. This should not apply to low price and smallest consumer electronics.
Amendment 286 #
Proposal for a directive
Recital 266 a (new)
Recital 266 a (new)
(266a) Users should enjoy radio services across the Union irrespective of the transmission standards used in the different Member States. Radio sets should therefore be capable of receiving radio by digital broadcasting or IP networks, in order to ensure that interoperability, which currently relies on FM radio, is maintained. This may also improve public safety, by enabling users to access and receive emergency information irrespective of the technology used wherever they are in the Member States.
Amendment 287 #
Proposal for a directive
Recital 266 b (new)
Recital 266 b (new)
Amendment 291 #
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 may be applied to specified radio and television broadcast channels 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, for instance, media pluralism and cultural diversity. 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 for proportionate remuneration.
Amendment 296 #
Proposal for a directive
Recital 270
Recital 270
(270) Networks used for the distribution of radio or television 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 broadcasts. Must carry obligations can should 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 canshould be included in must carry obligations.
Amendment 297 #
Proposal for a directive
Recital 270
Recital 270
(270) Networks used for the distribution of radio or television broadcastMust-carry obligations should be applied in the respect of the principle of technological neutrality taking due account of the rapid evolution of distribution systems and business models affecting the media sector. Electronic communications networks and services used for the distribution of radio or audiovisual media services to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent thatand services used by a significant number of end- users use such networks as their principal means to receive radio and television broadcastto receive radio and audiovisual media services. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides and other navigation facilities for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations to enable end-users to access connect TV services.
Amendment 303 #
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 ususers with disabilities in order to access the services on an equal basis with others, are not satisfactorily met by the market and to lay down the necessary end- user rights.
Amendment 313 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'interpersonal communications service’ means a service 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); interpersonal communications services include two-way communication services supporting voice, video and real time text communication singly or in any combination, and through text relay and video relay services, it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;
Amendment 320 #
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘call’ means a connection established by means of a publicly available interpersonal communications service allowing two-way voice communication; through voice, video and/or real time text and through text and video relay services.
Amendment 323 #
Proposal for a directive
Article 2 – paragraph 1 – point 32
Article 2 – paragraph 1 – point 32
(32) voiceconversational communications’ means a service made available to the public for originating and receiving, directly or indirectly, national or national and international calls supporting voice, video and real time text communication singly or in any combination, and through text relay and video relay services, through a number or numbers in a national or international telephone numbering plan;
Amendment 325 #
Proposal for a directive
Article 2 – paragraph 1 – point 35 a (new)
Article 2 – paragraph 1 – point 35 a (new)
(35a) Relay services mean telephone services operated by interpreters that enable people who are deaf or hard of hearing or who have a speech impairment, to communicate by phone through an interpreter using text or sign language with a person who can hear in a manner that is "functionally equivalent" to the ability of an individual without a disability;
Amendment 328 #
Proposal for a directive
Article 2 – paragraph 1 – point 36 a (new)
Article 2 – paragraph 1 – point 36 a (new)
(36a) Real time text means communication using the transmission of text where characters are transmitted by a terminal as they are typed in such a way that the communication is perceived by the user as being continuous;
Amendment 337 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services including through voice, video, real time text and relay services for end-users with disabilities, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common level of protection for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled userusers with disabilities, elderly users and users with special social needs.
Amendment 340 #
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 355 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Member States shall ensure as far as appropriate that national regulatory authorities take account of the views of end-users, consumers (including, in particular, disabled consumerconsumers with disabilities), manufacturers and undertakings that provide electronic communications networks and/or services, as well as their representative organisations, on issues related to all end-user and consumer rights, including equivalent access and choice for end-users with disabilities, concerning publicly available electronic communications services, in particular where they have a significant impact on the market.
Amendment 359 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 2
Article 24 – paragraph 1 – subparagraph 2
In particular, Member States shall ensure that national regulatory authorities establish a consultation mechanism, accessible for persons with disabilities, ensuring that in their decisions on issues related to end-user and consumer rights concerning publicly available electronic communications services, due consideration is given to consumer interests in electronic communications.
Amendment 364 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall ensure that consumers have access to transparent, non- discriminatory, simple, fast, fair, accessible for persons with disabilities, and inexpensive out-of-court procedures for their unresolved disputes with undertakings providing publicly available electronic communications services other than number-independent interpersonal communications services, arising under this Directive and relating to the contractual conditions and/or performance of contracts concerning the supply of those networks and/or services. Member States shall enable the national regulatory authority to act as a dispute settlement entity. Such procedures shall comply with the quality requirements set out in Chapter II of Directive 2013/11/EU. Member States may grant access to such procedures to other end-users, in particular micro and small enterprises.
Amendment 369 #
Proposal for a directive
Article 35 – paragraph 3 – subparagraph 1 – point a
Article 35 – paragraph 3 – subparagraph 1 – point a
(a) promote the development of the internal market as well as competition and maximise the benefits for the consumer, and overall achieve the objectives and principles set in Articles 3 and 45(2),
Amendment 371 #
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 414 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, including total conversation services, exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.
Amendment 417 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point b
Article 59 – paragraph 1 – subparagraph 2 – point b
(b) in justified cases and to the extent that is necessary, obligations on those undertakings that are subject to general authorisation and that control access to end-users to make their services interoperable, including for real time text and video calls;
Amendment 421 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d
Article 59 – paragraph 1 – subparagraph 2 – point d
(d) to the extent that is necessary to ensure accessibility for end-users, including for end-users with disabilities, to digital radio and television broadcasting services specified by the Member State, obligations on operators to provide access to the other facilities referred to in Annex II, Part II on fair, reasonable and non- discriminatory terms.
Amendment 422 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d
Article 59 – paragraph 1 – subparagraph 2 – point d
(d) to the extent that is necessary to ensure accessibility for end-users to digital radio and television broadcastingaudiovisual media services as well as related complementary services specified by the Member State, obligations on operators to provide access to the other facilities referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.
Amendment 424 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d a (new)
Article 59 – paragraph 1 – subparagraph 2 – point d a (new)
(da) obligations on devices, graphical user interfaces and operating systems to provide non-discriminatory access to radio and their ancillary audio or audio- visual media services specified by the Member States, as stated in Annex II part II.
Amendment 426 #
Proposal for a directive
Article 60 – paragraph 4
Article 60 – paragraph 4
4. Conditions applied in accordance with this Article are without prejudice to the ability of Member States to impose obligations in relation to the presentational aspect of electronic programme guides, graphical user interfaces and similar listing and navigation facilities.
Amendment 456 #
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 functional internet access and voiceconversational communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location.
Amendment 469 #
Proposal for a directive
Article 80 – paragraph 2
Article 80 – paragraph 2
2. Where Member States establish that, in the light of national conditions, retail prices for services identified in Article 79(1) are not affordable, because low-income or special social needs end- users are prevented from accessing such services, they may require undertakings which provide such services to offer to those end-users tariff options or packages different from those provided under normal commercial conditions. To that end and in that case, Member States mayshall require such undertakings to apply common tariffs, including geographic averaging, throughout the territory. Member States shall ensure that end-users entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in Article 79(1) and that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service.
Amendment 473 #
Proposal for a directive
Article 80 – paragraph 4
Article 80 – paragraph 4
4. Member States mayshall, in the light of national conditions, ensure that support is provided to low-income or special social needs end-users in view of ensuring affordability of functional internet access and voice, conversational communications services at least at a fixed location.
Amendment 478 #
Proposal for a directive
Article 80 – paragraph 5
Article 80 – paragraph 5
5. Member States shall ensure, in the light of national conditions, that support is provided as appropriate to end-users with disabilities, orand that other specific measures are taken, in view of ensuring that accessible related terminal equipment, and specific equipment and specific services, including text and video relay services, enhancing equivalent access are affordable. Average cost of relay services for the end-user shall not exceed the average cost of voice communication services.
Amendment 482 #
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 voiceof conversational communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools, it mayshall impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory.
Amendment 487 #
Proposal for a directive
Article 81 – paragraph 2
Article 81 – paragraph 2
2. Member States shall determine the most efficient and appropriate approach for ensuring the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voiceof conversational communications service, whilst respecting the principles of objectivity, transparency, non- discrimination and proportionality. They shall seek to minimise market distortions, in particular the provision of services at prices or subject to other terms and conditions which depart from normal commercial conditions, whilst safeguarding the public interest.
Amendment 488 #
Proposal for a directive
Article 81 – paragraph 3
Article 81 – paragraph 3
3. In particular, where Member States decide to impose obligations to ensure the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voiceof conversational communications service, they may designate one or more undertakings to guarantee the availability at a fixed location of functional internet access service as identified in accordance with Article 79(2) and of voiceconversational communications service in order to cover all the national territory. Member States may designate different undertakings or sets of undertakings to provide text and video relay services, functional internet access and voiceconversational communications services at a fixed location and/or to cover different parts of the national territory.
Amendment 493 #
Proposal for a directive
Article 81 – paragraph 4
Article 81 – paragraph 4
4. When Member States designate undertakings in part or all of the national territory as undertakings having the obligation to ensure the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voiceconversational communications service, they shall do so using an efficient, objective, transparent and non- discriminatory designation mechanism, whereby no undertaking is a priori excluded from being designated. Such designation methods shall ensure that functional internet access and voice communications services at a fixed location are provided in a cost-effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with Article 84.
Amendment 496 #
Proposal for a directive
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
Member States shall ensure that national regulatory authorities impose obligations on undertakings in order to ensure that public pay telephones and conversational communications access points are provided in key entry points of the country, such as airports or train and bus stations, as well as places used by people in cases of emergencies, such as hospitals, police stations and highway emergency areas, to meet the reasonable needs of end-users, including end-users with disabilities.
Amendment 499 #
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 conversational communication access points using the single European emergency call number '112' and other national emergency numbers, all free of charge and without having to use any means of payment
Amendment 519 #
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 possiblenumbering on an equal basis with others, in particular through the use of conversational 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 533 #
Proposal for a directive
Article 94 – paragraph 1
Article 94 – paragraph 1
Member States shall not maintain orand introduce in their national law 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 protection, unless otherwise provided for in this Title for the end user.
Amendment 537 #
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 thanincluding number-independent interpersonal communications services, shall provide the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, irrespective of the amount of any payment to be made, and the following information in a clear, simple and comprehensible manner, and in accessible formats for end- users with disabilities:
Amendment 600 #
Proposal for a directive
Article 96 – paragraph 2 – subparagraph 2 – point d a (new)
Article 96 – paragraph 2 – subparagraph 2 – point d a (new)
(da) be accessible for persons with disabilities;
Amendment 668 #
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 servicesrelay 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 678 #
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 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 may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c).
Amendment 682 #
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 688 #
Proposal for a directive
Article 102 – paragraph 3 – subparagraph 1 a (new)
Article 102 – paragraph 3 – subparagraph 1 a (new)
The Commission, in consultation, with the relevant competent authorities, shall adopt a recommendation on performance indicators for Member States. The Commission shall every two years submit a report on the effectiveness of the implementation of the European emergency call number "112" and on the functioning of the performance indicators. The first such report shall be submitted to the European Parliament and the Council by [DATE].
Amendment 692 #
Proposal for a directive
Article 102 – paragraph 4
Article 102 – paragraph 4
4. Member States shall ensure that access for disabled end-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 {conversational communication 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 an equal basis with others, whilst travelling in other Membergency communications whilst travelling in other State, in particular through the use of total conversation services and available relay services. These measures shall ensure interoperability across 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 698 #
Proposal for a directive
Article 102 – paragraph 4 a (new)
Article 102 – paragraph 4 a (new)
4a. In accordance with the European Parliament resolution of 7 July 2016 on the implementation of the UN Convention on the Rights of Persons with Disabilities, with special regard to the Concluding Observations of the UN CRPD Committee (2015/2258(INI)), Member States shall ensure that accurate location information of disabled citizens contacting the emergency services is made available to the PSAP.
Amendment 701 #
Proposal for a directive
Article 102 – paragraph 5
Article 102 – paragraph 5
5. Member States shall ensure that caller location information is available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and if available, handset- derived caller location information. Member States shall ensure that the establishment and the transmission of the caller location information 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’. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.
Amendment 708 #
Proposal for a directive
Article 102 – paragraph 6
Article 102 – paragraph 6
6. Member States shall ensure that citizens are adequately informed about the existence and use of the single European emergency number ‘112’, in particularas well as its accessibility features, including through initiatives specifically targeting persons travelling between Member States, and persons with disabilities. The Commission shall support and complement Member States’ action.
Amendment 714 #
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-users, accessibility for persons with disabilities and routing to the most appropriate PSAP.
Amendment 717 #
Proposal for a directive
Article 102 – paragraph 7 – subparagraph 1 a (new)
Article 102 – paragraph 7 – subparagraph 1 a (new)
The Commission shall maintain a database of E.164 numbers of European emergency services to ensure that they are able to contact each other from one Member State to another.
Amendment 720 #
Proposal for a directive
Article 102 – paragraph 7 – subparagraph 1 b (new)
Article 102 – paragraph 7 – subparagraph 1 b (new)
Member States shall ensure, through the use of electronic communications networks, the establishment of an efficient "Reverse-112" communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters, taking into account existing national and regional systems and without hindering privacy.
Amendment 725 #
Proposal for a directive
Article 103 – paragraph 1 – introductory part
Article 103 – paragraph 1 – introductory part
1. Member States shall ensure that the competent authorities specify, where appropriate, requirements to be met by undertakings providing publicly available electronic communications services to ensure that disabled end-users:
Amendment 726 #
Proposal for a directive
Article 103 – paragraph 1 – introductory part
Article 103 – paragraph 1 – introductory part
1. Member States shall ensure that the competent authorities specify, where appropriate and after consulting with representative organizations of persons with disabilities, requirements to be met by undertakings providing publicly available electronic communications services to ensure that disabled end-userend-users with disabilities:
Amendment 730 #
Proposal for a directive
Article 103 – paragraph 1 – point a a (new)
Article 103 – paragraph 1 – point a a (new)
(aa) enjoy, on an equal basis with others, cross border conversational communications across Member States by voice, video and real time text, singly or in combination in the same call (Total Conversation services), namely on number-based interpersonal communication services
Amendment 732 #
Proposal for a directive
Article 103 – paragraph 1 – point a b (new)
Article 103 – paragraph 1 – point a b (new)
(ab) can make use of text based relay services and video based relay service, within the entire territory of the Member state and continuously, and that these relay services are interoperable with telephony services across the EU.
Amendment 734 #
Proposal for a directive
Article 103 – paragraph 2
Article 103 – paragraph 2
2. In taking the measures referred to in paragraph 1, Member States shall encouragsure compliance with the relevant accessibility and interoperability standards or specifications published in accordance with Article 39.
Amendment 737 #
Proposal for a directive
Article 105 – title
Article 105 – title
Interoperability of consumer radio and digital television equipment
Amendment 738 #
Proposal for a directive
Article 105 – paragraph 1
Article 105 – paragraph 1
In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio and digital television equipment referred to therein.
Amendment 741 #
Proposal for a directive
Article 105 – paragraph 1 a (new)
Article 105 – paragraph 1 a (new)
Amendment 743 #
Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1
Article 106 – paragraph 1 – subparagraph 1
Member States mayshall impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-userto content and electronic programming guide for end-users with disabilities and data supporting connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels 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 channels. 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 747 #
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 channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting 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 channels 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 channels. 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 758 #
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.
Amendment 764 #
Proposal for a directive
Annex II – part 2 – point b a (new)
Annex II – part 2 – point b a (new)
(ba) Access to graphical user interfaces (GUI)
Amendment 768 #
Proposal for a directive
Annex V – point 11 a (new)
Annex V – point 11 a (new)
(11a) Total conversation services
Amendment 769 #
Proposal for a directive
Annex V – point 11 a (new)
Annex V – point 11 a (new)
(11a) audiovisual media services
Amendment 776 #
Proposal for a directive
Annex X – subheading 1
Annex X – subheading 1
INTEROPERABILITY OF DIGITAL CONSUMER EQUIPMENT REFERRED TO IN ARTICLE 105
Amendment 779 #
Proposal for a directive
Annex X – part 2 – paragraph 1 – point 1 (new)
Annex X – part 2 – paragraph 1 – point 1 (new)
(1) INTEROPERABILITY FOR ANALOGUE AND DIGITAL RADIO RECEIVING DEVICES All consumer equipment enabling the reception of radio and/or audio signals made available in the Community, is to possess the capability to receive radio in a technology neutral manner, by analogue and digital broadcasting, and via IP networks