Activities of Françoise CASTEX related to 2013/0309(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211/2009 and (EU) No 531/2012
Amendments (17)
Amendment 246 #
Proposal for a regulation
Recital 46
Recital 46
(46) The freedom of end-users to access and distribute information and lawful content, run applications and use services of their choice is subject to the respect of Union and compatible national law. This Regulation defines the limits for any restrictions to this freedom by providers of electronic communications to the public but is without prejudice to other Union legislation, including copyright rules, Directive 1995/46, Directive 2002/58 and Directive 2000/31/EC.
Amendment 261 #
Proposal for a regulation
Recital 47
Recital 47
(47) In an open internet, providers of electronic communications to the public should, within contractually agreed limits on data volumes and speeds for internet access services, not block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonable traffic management measures. Such measures should be transparent, proportionate and non- discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimes, including voluntary actions of providers to prevent access to and distribution of child pornography. Minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances.
Amendment 277 #
Proposal for a regulation
Recital 50
Recital 50
(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission services based on flexible quality parameters, including lower levels of priority for traffic which is not time- sensitive. The possibility for content, applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary forcould serve to the provision of specialised services and is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such quality characteristics are technically necessary for the functionality of the service and agreements do not substantially impair the general quality of internet access services.
Amendment 318 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
d) to facilitate both innovative and high- quality service provision; and affordable access to broadband communications, having regard in particular to the contribution and needs of small and medium-sized enterprises as well as not- for-profit sector operators providing Internet access services;
Amendment 356 #
Proposal for a regulation
Article 2 – paragraph 2 – point 15
Article 2 – paragraph 2 – point 15
(15) ‘specialised service’ means an electronic communications service or any other service that provides the capability to access specific content, applications or services, or a combination thereof, and whose technical characteristics are controlled from end-to-end or provides the capability to send or receive data to or from a determined number of parties or endpoints; and that is not marketed or widely used as a substitute forperated within closed electronic communications networks using the Internet Protocol with strict admission control and that is not marketed or used as a substitute for internet access service or functionally identical to services available over the public internet access service;
Amendment 412 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. When establishing authorisation conditions and procedures for the use of radio spectrum, national competent authorities shall have regard in particular to equal treatment between existing and potential operators and between European electronic communications providers and other undertakings. They shall also have regard to collective use of spectrum as well as shared and unlicensed use of spectrum.
Amendment 512 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2 – point i
Article 13 – paragraph 1 – subparagraph 2 – point i
(i) the reservation of radio spectrum for certain types of operators, including operators in the not-for-profit sector, or the exclusion of certain types of operators;
Amendment 513 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2 – point k
Article 13 – paragraph 1 – subparagraph 2 – point k
(k) the possibility to use radio spectrum on a shared basis, including on an unlicensed basis;
Amendment 532 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. National competent authorities shall not restrict the right of end users to allow reciprocally or more generally access to their radio local area networks by other end users, including on the basis of third-party initiatives which federate and make publicly accessible the radio local area networks of different end users. They shall also apply the legal framework so as to foster the spread of cellular base stations and wireless mesh networks.
Amendment 583 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
End-users shall be freeve the right to access and distribute information and content, run applications and use services and devices of their choice via their internet access service. In order to guarantee a genuine users' freedom of choice, internet service providers shall not discriminate, restrict or interfere with the transmission of Internet traffic.
Amendment 595 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Amendment 639 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Amendment 647 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a
Article 23 – paragraph 5 – subparagraph 1 – point a
(a) implement a legislative provision or a court order, or prevent or impede serious crimescourt order;
Amendment 662 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c
Article 23 – paragraph 5 – subparagraph 1 – point c
(c) prevent the transmission of unsolicited communications for direct marketing purposes to end-users who have freely given their prior explicit and informed consent to such restrictive measures;
Amendment 669 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d
Article 23 – paragraph 5 – subparagraph 1 – point d
(d) minimistigate the effects of temporary or exceptional network congestion, primarily by means of application-agnostic measures or, when these measures do not prove efficient, by mean of application- specific measures, provided that equivalent types of traffic are treated equally.
Amendment 686 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. National regulatory authorities shall closely monitor and ensure the effective ability of end- users to benefit from the freedoms provided for in Article 23 (1) and (2), compliance with Article 23 (5), and the continued availability of non- discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services. They shall, in cooperation with other competent national authoritieso that purpose, the competent national regulatory authority shall: (a) be mandated to regularly monitor and report on Internet traffic management practices and usage polices, in order to ensure network neutrality, evaluate the potential impact of the aforementioned practices and policies on fundamental rights, ensure the provision of a sufficient quality of service and the allocation of a satisfactory level of network capacity to the Internet. Reporting should be done in an open and transparent fashion and reports shall be made freely available to the public; (b) put in place appropriate, clear, open and efficient procedures aimed at addressing network neutrality complaints. To this end, all Internet users shall be entitled to make use of such complaint procedures in front of the relevant authority; (c) respond to the complaints within a reasonable time and be able to use necessary measures in order to sanction the breach of the network neutrality principle. This authority must have the necessary resources to undertake the aforementioned duties in a timely and effective manner. They shall, in cooperation with other competent national authorities and the European Data Protection Supervisor, also monitor the effects of specialised services on cultural diversity, competition and innovation. National regulatory authorities shall report on an annual basis to the public, the Commission and BEREC on their monitoring and findings.
Amendment 714 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point e – point iv a (new)
Article 25 – paragraph 1 – subparagraph 1 – point e – point iv a (new)
(iva) the communication inspection techniques used for traffic management measures, instituted for the purposes listed in article 23.5 and their repercussions on end users privacy and data protection right.