[ParlTrack]

Proposal for a regulation
Article 19

1. Any operator shall have the right to provide a European ASQ connectivity product as specified in paragraph 4. 2. Any operator shall meet any reasonable request to provide a European ASQ connectivity product as specified in paragraph 4 submitted in writing by an authorised provider of electronic communications services. Any refusal to provide a European ASQ product shall be based on objective criteria. The operator shall state the reasons for any refusal within one month from the written request. It shall be deemed to be an objective ground of refusal that the party requesting the supply of a European ASQ connectivity product is unable or unwilling to make available, whether within the Union or in third countries, a European ASQ connectivity product to the requested party on reasonable terms, if the latter so requests. 3. Where the request is refused or agreement on specific terms and conditions, including price, has not been reached within two months from the written request, either party is entitled to refer the issue to the relevant national regulatory authority pursuant to Article 20 of Directive 2002/21/EC. In such a case, Article 3(6) of this Regulation may apply. 4. The provision of a connectivity product shall be considered as the provision of a European ASQ connectivity product if it is supplied in accordance with the minimum parameters listed in Annex II and cumulatively meets the following substantive requirements: (a) ability to be offered as a high quality product anywhere in the Union; (b) enabling service providers to meet the needs of their end-users; (c) cost-effectiveness, taking into account existing solutions that may be provided on the same networks; (d) operational effectiveness, in particular in respect of limiting to the extent possible implementation obstacles and deployment costs for customers; and (e) ensuring that the rules on protection of privacy, personal data, security and integrity of networks and transparency in accordance with Union law are respected. 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 32 in order to adapt Annex II in light of market and technological developments, so as to continue to meet the substantive requirements listed in paragraph 4.Article 19 deleted Assured service quality (ASQ) connectivity product

2013/12/06
Committee: IMCO

Bernadette VERGNAUD

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1

End-users shall ~~be free~~have the right to access and distribute information and content, run applications, connect hardware and use services of their choice via their internet access service. Internet service providers may not as a result block, discriminate against or degrade – including through overcharging or preferential treatment – a person’s ability to use a service, gain access to, use, send, post, receive or give any content, application or service of his choosing, whatever its origin or destination.

2013/12/06
Committee: IMCO

Bernadette VERGNAUD

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2

End-users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and, in accordance with any such agreements relative to data volumes, to avail of any offers by providers of internetInternet service providers may nevertheless offer agreements on data volumes and speeds, as long as these do not entail any discrimination on the basis of the type or nature of the content, application~~s and~~ or services.

2013/12/06
Committee: IMCO

Bernadette VERGNAUD

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part

~~Within the limits of any contractually agreed data volumes or speeds for internet access services, p~~Providers of internet access services shall not restrict the ~~freedoms~~right provided for in paragraph 1 by blocking, slowing down, degrading or discriminating against specific content, applications or services, or specific classes thereof, except in cases where it is necessary to apply reasonable traffic management measures. Reasonable traffic management measures shall be transparent, non-discriminatory, proportionate and necessary to:

2013/12/06
Committee: IMCO

Bernadette VERGNAUD

Proposal for a regulation
Article 36 – paragraph 1 – point 1 c (new)

Directive 2002/22/EC
Article 20 – paragraph 1

"1. Member States shall ensure that, when subscribing to services providing connection to a public communications network and/or publicly available electronic communications services, consumers, and other end-users so requesting, have a right to a contract with an undertaking or undertakings providing such connection and/or services. The contract shall specify in a clear, comprehensive and easily accessible form at least: (a) the identity and address of the undertaking; (b) the services provided, including in particular, whether or not access to emergency services and caller location information is being provided, and any limitations on the provision of emergency services under Article 26, information on any other conditions limiting access to and/or use of services and applications, where such conditions are permitted under national law in accordance with Community law, — the minimum service quality levels offered, namely the time for the initial connection and, where appropriate, other quality of service parameters, as defined by the national regulatory authorities, — information on any procedures put in place by the undertaking to measure and shape traffic so as to avoid filling or overfilling a network link, and information on how those procedures could impact on service quality, — the types of maintenance service offered and customer support services provided, as well as the means of contacting these services, — any restrictions imposed by the provider on the use of terminal equipment supplied; (c) where an obligation exists under Article 25, the subscriber’s options as to whether or not to include his or her personal data in a directory, and the data concerned; (d) details of prices and tariffs, the means by which up-to-date information on all applicable tariffs and maintenance charges may be obtained, payment methods offered and any differences in costs due to payment method; (e) the duration of the contract and the conditions for renewal and termination of services and of the contract, including: any minimum usage or duration required to benefit from promotional terms; — any charges related to portability of numbers and other identifiers, — any charges due on termination of the contract, including any cost recovery with respect to terminal equipment, (f) any compensation and the refund arrangements which apply if contracted service quality levels are not met; (g) the means of initiating procedures for the settlement of disputes in accordance with Article 34; (h) the type of action that might be taken by the provider in reaction to security or integrity incidents or threats and vulnerabilities. Member States may also require that the contract include any information which may be provided by the relevant public authorities for this purpose on the use of electronic communications networks and services to engage in unlawful activities or to disseminate harmful content, and on the means of protection against risks to personal security, privacy and personal data, referred to in Article 21(4) and relevant to the service provided." lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:337:0011:01:EN:HTML)Article 20(1)c is amended as follows: "1. Member States shall ensure that, when subscribing to services providing connection to a public communications network and/or publicly available electronic communications services, consumers, and other end-users so requesting, have a right to a contract with an undertaking or undertakings providing such connection and/or services. The contract shall specify in a clear, comprehensive and easily accessible form at least: (a) the identity, address and contact information of the undertaking and, if different, the address and contact information for any complaints; (b) the main characteristics of the services provided, in particular: – the specific tariff plan or tariff plans to which the contract applies and, for each such tariff plan, the types of services offered, including the volumes of communications; – in the case of tariff plans with a pre-set volume of communications, the possibility for consumers to defer any unused volume from the preceding billing period; – access to emergency services and caller location information for all relevant services offered, any limitations on the provision of emergency services under Article 26, and any changes thereto; – the minimum service quality levels offered, namely the time for the initial connection and, where appropriate, other quality of service parameters, as defined by the national regulatory authorities; – the types of after-sales services, maintenance service and customer support services provided, the conditions and charges for these services, as well as the means of contacting these services; any restrictions imposed by the provider on the use of terminal equipment supplied, including information on unlocking the terminal equipment and any charges involved if the contract is terminated before the end of the minimum contract period; – on demand, free of charge, and provided that no technical incompatibility has been identified, the technical information necessary for the end-user to ensure the proper functioning of his or her chosen terminal equipment for all the services foreseen in his or her contract; (c) where an obligation exists under Article 25, the subscriber’s options as to whether or not to include his or her personal data in a directory, and the data concerned; (d) details of prices and tariffs, including taxes and additional charges that may possibly be levied, the means by which up- to-date information on all applicable tariffs and maintenance charges may be obtained; (da) payment methods offered and any differences in costs due to payment method, and available facilities to safeguard bill transparency and monitor the level of consumption; (e) the duration of the contract and the conditions for renewal and termination of services and of the contract, including: – any minimum usage or duration required to benefit from promotional terms; – any charges related to switching and portability of numbers and other identifiers, including compensation arrangements for delay or abuse of switching; – any charges due on early termination of the contract, including any cost recovery with respect to terminal equipment (on the basis of customary depreciation methods) and other promotional advantages (on a pro rata temporis basis); (f) any compensation and the refund arrangements, including, where applicable, an explicit reference to statutory rights of the consumer which apply if contracted service quality levels are not met; (g) the means of initiating procedures for the settlement of disputes, including cross- border disputes, in accordance with Article 34; (ga) details on how disabled end-users can obtain information on products and services designed for them; (h) the type of action that might be taken by the provider in reaction to security or integrity incidents or threats and vulnerabilities. Member States may also require that the contract include any information which may be provided by the relevant public authorities for this purpose on the use of electronic communications networks and services to engage in unlawful activities or to disseminate harmful content, and on the means of protection against risks to personal security, privacy and personal data, referred to in Article 21(4) and relevant to the service provided." Or. fr (http://eur-

2013/12/06
Committee: IMCO

Bernadette VERGNAUD

Proposal for a regulation
Article 36 – paragraph 1 – point 1 d (new)

Directive 2002/22/EC
Article 20 – paragraph 1 a (new)

(1d) in Article 20, the following paragraph is inserted: “1 a. In addition to the information referred to in paragraph 1, if the contract includes the provision of internet access and data services, that contract shall also include the following information: (a) details of unit data pricing plans, pricing plans for bulk data and any applicable thresholds. For data volumes above thresholds, unit or bulk pricing on an ad hoc or lasting basis and any data speed limitations that may be applied; (b) the means at the disposal of end-users to follow their level of consumption and to fix any voluntary limits, if these entail additional charges in the case of contracts that include fixed data volumes; (c) for fixed data links, the actual available download and upload data speeds at the location of the end-user; (d) for mobile data, the average estimated download and upload speeds that might be experienced from normal wireless network coverage, and the speed ranges that might be experienced; (e) other quality of service parameters, as defined in Article 24 (2) of Regulation (XXX)*; (f) information on any procedures put in place by the provider to measure and shape traffic, pursuant to Article 23(5) of the Regulation (XXX)*, including an indication of the underlying communication inspection methods used for reasonable traffic management measures and information on how those procedures could impact on service quality, end-users’ privacy and the protection of personal data; and (g) a clear and comprehensible explanation as to how any volume limitation, the actually available speed ranges and other quality of service parameters may practically impact the use of content, applications and services; (h) a clear and comprehensible explanation of the distribution of available bandwidth between the internet access service and specialised services, the consequences that this distribution may have on the use of content, applications and services, with priority being given to internet access, unless the consumer decides otherwise. _________________ * Regulation (EU) No XXX/20XX of the European Parliament and of the Commission of … 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/CE and Regulations (EC) No 1211:/2009 and (EU) No 531/2012 (OJ L XXX, XX.XX.20XX, p. X).”

2013/12/06
Committee: IMCO

Bernadette VERGNAUD

Proposal for a regulation
Article 36 – paragraph 1 – point 1 g (new)

Directive 2002/22/EC
Article 20 a (new)

(2 g) The following article is inserted : “Article 20 a Contract duration and termination 1. Member States shall ensure that the maximum duration of contracts concluded between consumers and providers of electronic communications to the public is 24 months. Providers of electronic communications to the public shall offer consumers the possibility of contracts with no commitment period. 2. The consumer shall have the right to withdraw from a distance or off premises contract within 14 days after its conclusion in accordance with Directive 2011/83/EU. 3. Where a contract or national law provides for contract periods to be extended tacitly, the provider of electronic communications to the public shall inform the consumers, and any other end- users so requesting, in due time so that the consumer, and other end-user so requesting, has at least one month to oppose such tacit extension. If the consumer, and any other end-user so requesting, does not oppose such tacit extension, the contract shall be deemed to be a permanent rolling contract which can be terminated by the consumer, and by any other end-user so requesting, at any time with a one-month notice period and without incurring any costs. 4. Member States shall ensure that consumers and other end-users so requesting, have the right to terminate their contract without incurring any costs upon receiving notice of changes in the contractual conditions proposed by the provider of electronic communications to the public. Providers shall give consumers adequate notice, not less than one month, of any such change, and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions. Paragraph 2 shall apply mutatis mutandis. 5. Any significant discrepancy between the actual performance regarding speed or other quality parameters and the performance indicated by the provider of electronic communications to the public in accordance with Article 20 shall be deemed to constitute non-conformity of performance for the purpose of determining the remedies of the consumer, and of any other end-user so requesting, in accordance with national law. 6. Member States shall ensure that a subscription to additional services provided by the same provider of electronic communications to the public shall not re-start the initial contract period unless the price of the additional service(s) significantly exceeds that of the initial services or the additional services are offered at a special promotional price linked to the renewal of the existing contract with the consumer’s explicit acceptance. 7. Member States shall ensure that providers of electronic communications to the public apply conditions and procedures for contract termination which do not raise obstacles to or disincentives against changing service providers.”

2013/12/06
Committee: IMCO

Bernadette VERGNAUD

Proposal for a regulation
Article 36 – paragraph 1 – point 1 k (new)

Directive 2002/22/EC
Article 21 – paragraph 3

(1 k) In Article 21, paragraph 3 is amended as follows: “3. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing public electronic communications networks and/or publicly available electronic communications services to inter alia: (a) provide applicable tariff information to subscribers regarding any number or service subject to particular pricing conditions; with respect to individual categories of services, national regulatory authorities may require such information to be provided immediately prior to connecting the call; (b) ~~inform subscribers of any change to access to emergency services or caller location information in the service to which they have subscribed; (c) information on any oth~~provide end-users with access to emergency services and caller location information for all relevant services offered, any limitations on the provision of emergency services under Article 26, and any changes thereto; (da) provide information on internet access services, where offered, specifying the following: (i) for fixed data links, the actual available download and upload data speeds in the end-user’s place of residence, and for mobile data, the average estimated download and upload speeds that might be experienced from normal wireless network coverage, and the speed ranges that might be experienced; (ii) details of unit data pricing plans, pricing plans for bulk data and any applicable thresholds. For data volumes above thresholds, unit or bulk pricing on an ad hoc or lasting basis and any data speed limitations that may be applied; (iii) how end-users conditions limiting access to and/or use of services and applications, where such conditions are permitted under national law in accordance with Community law, (d) provide information on any procedures put in place by the provider to measure and shape traffic so as to avoid filling or overfilling a network link, and on how those procedures could impact on service quality; (e) inform subscribers of their right to determine whether or not to include their personal data in a directory, and of the types of data concerned, in accordance with Article 12 of Directive 2002/58/EC (Directive on privacy and electronic communications); and (f) regularly inform disabled subscribers of details of products and services designed for them. If deemed appropriate, national regulatory authorities may promote self or co- regulatory measures prior to imposing any obligation.” an monitor the current level of their consumption, and set any voluntary limitations; (iv) a clear and comprehensible explanation as to how any volume limitation, the actually available speed and other quality parameters may practically impact the use of content, applications and services; (v) a clear and comprehensible explanation of the distribution of available bandwidth between the internet access service and specialised services, the consequences that this distribution may have on the use of content, applications and services, with priority being given to internet access, unless the consumer decides otherwise; (vi) information on any procedures put in place by the provider to measure and shape traffic, pursuant to Article 23(5) of the Regulation (XXX)*, including an indication of the underlying communication inspection methods used for reasonable traffic management measures and information on how those procedures could impact on service quality, end-users’ privacy and the protection of personal data; (e) inform consumers, and end-users where applicable, of their right to determine whether or not to include their personal data in a directory, and of the types of data concerned, in accordance with Article 12 of Directive 2002/58/EC (Directive on privacy and electronic communications); (f) regularly inform disabled consumers, and end-users, where applicable, of details of products and services designed for them and the measures taken to ensure equivalence in access. If deemed appropriate, national regulatory authorities may promote self- or co- regulatory measures prior to imposing any obligation.” __________________ * Regulation (EU) No XXX/20XX of the European Parliament and of the Commission of … 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/CE and Regulations (EC) No 1211:/2009 and (EU) No 531/2012 (OJ L XXX, XX.XX.20XX, p. X).” Or. fr (http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:337:0011:01:EN:HTML)

2013/12/06
Committee: IMCO

Bernadette VERGNAUD

Proposal for a regulation
Article 36 – paragraph 1 – point 2 Directive 2002/22/EC

(2) Articles 2~~0, 21, 22 and 30 are~~2 is deleted.

2013/12/06
Committee: IMCO

Bernadette VERGNAUD, Marc TARABELLA

Proposal for a regulation
Article 36 – paragraph 1 – point 2 a (new)

Directive 2002/22/EC
Article 26

Single European emergency call number 1. Member States shall ensure that, in addition to any other national emergency call numbers specified by the national regulatory authorities, all end-users of publicly available telephone services, including users of public pay telephones, are able to call the emergency services free of charge, by using the single European emergency call number “112”. 2. Member States, in consultation with national regulatory authorities, emergency services and providers, shall ensure that undertakings providing end-users with an electronic communications service for originating national calls to a number or numbers in a national telephone numbering plan provide access to emergency services. 3. Member States shall ensure that calls to the single European emergency call number “112” are appropriately answered and handled in the manner best suited to the national organisation of emergency systems. Such calls shall be answered and handled at least as expeditiously and effectively as calls to the national emergency number or numbers, where these continue to be in use. 4. Member States shall ensure that access for disabled end-users to emergency services is equivalent to that enjoyed by other end-users. Measures taken to ensure that disabled end-users are able to access emergency services whilst travelling in other Member States shall be based to the greatest extent possible on European standards or specifications published in accordance with the provisions of Article 17 of Directive 2002/21/EC (Framework Directive), and they shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in this Article. 5. Member States shall ensure that undertakings concerned make caller location information available free of charge to the authority handling emergency calls as soon as the call reaches that authority. This shall apply to all calls to the single European emergency call number "112". Member States may extend this obligation to cover calls to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided. 6. Member States shall ensure that citizens are adequately informed about the existence and use of the single European emergency call number "112", in particular through initiatives specifically targeting persons travelling between Member States. 7. In order to ensure effective access to “112” services in the Member States, the Commission, having consulted BEREC, may adopt technical implementing measures. However, these technical implementing measures shall be adopted without prejudice to, and shall have no impact on, the organisation of emergency services, which remains of the exclusive competence of Member States. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 37(2)." lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:337:0011:01:EN:HTML)(2 a) Article 26 is modified as follows: “Article 26 "Article 26 Single European emergency call number 1. Member States shall ensure that all end- users of the service referred to in paragraph 2, including users of public pay telephones and of private telecommunications networks, are able to call the emergency services free of charge and without having to use any means of payment, by using the single European emergency call number "112" and any national emergency call number specified by Member States. 2. Member States, in consultation with national regulatory authorities, emergency services and providers, shall ensure that undertakings providing end-users with an electronic communications service for originating national calls to a number or numbers in a national telephone numbering plan provide access to emergency services. End-users must also be able to reach “112” directly when calling from a private telecommunications network. 3. Member States shall ensure that calls to the single European emergency call number ”112” are appropriately answered and handled in the manner best suited to the national organisation of emergency systems. Such calls shall be answered and handled at least as expeditiously and effectively as calls to the national emergency number or numbers, where these continue to be in use. The Commission, having consulted the national regulatory authorities and emergency services, must define the compulsory performance indicators applicable to the Member States. 4. Member States shall ensure that access for disabled end-users to emergency services is equivalent to that enjoyed by other end-users. Measures taken to ensure that disabled end-users are able to access emergency services whilst travelling in other Member States shall be based to the greatest extent possible on European standards or specifications published in accordance with the provisions of Article 17 of Directive 2002/21/EC (Framework Directive), and they shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in this Article. 5. Member States shall ensure that undertakings concerned make caller location information available free of charge to the authority handling emergency calls as soon as the call reaches that authority. This shall apply to all calls to the single European emergency call number "112", including calls from private telecommunications networks and roaming calls. Member States may extend this obligation to cover calls to national emergency numbers. By (6 months after the entry into force of the Regulation (XXX)*) at the latest, BEREC, having consulted the stakeholders and in close collaboration with the Commission, shall set the obligatory criteria for the accuracy and reliability of the caller location information to be provided to the emergency services. The Member States must be in compliance with these criteria no later than one year after their publication. The Commission must also guarantee by (18 months following the entry into force of the Regulation (XXX)**) that the levels of accuracy and reliability of caller location information for a call made to “112” from a GNSS-enabled mobile terminal are equivalent to the levels for an eCall call. 6. Member States and the Commission shall ensure that citizens are adequately informed about the existence and use of the single European emergency call number “112”, in particular through initiatives specifically targeting persons travelling between Member States. The Commission shall support and supplement the actions of the Member States. 7. In order to ensure effective access to “112” services in the Member States, the Commission, having consulted BEREC, shall adopt technical implementing measures. These measures must, inter alia, enable the deployment of an interoperable, next generation 112 service, including multimedia applications, no later than (four years following the entry into force of the Regulation (XXX)***. However, these technical implementing measures shall be adopted without prejudice to, and shall have no impact on, the organisation of emergency services, which remains of the exclusive competence of Member States. 7 a. The Commission shall maintain a database of E.164 European emergency service numbers in order to ensure that they can be contacted in one Member State from another. __________________ * Regulation (EU) No XXX/20XX of the European Parliament and of the Commission of … 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/CE and Regulations (EC) No 1211:/2009 and (EU) No 531/2012 (OJ L XXX, XX.XX.20XX, p. X). ** Regulation (EU) No XXX/20XX of the European Parliament and of the Commission of … 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/CE and Regulations (EC) No 1211:/2009 and (EU) No 531/2012 (OJ L XXX, XX.XX.20XX, p. X). *** Regulation (EU) No XXX/20XX of the European Parliament and of the Commission of … 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/CE and Regulations (EC) No 1211:/2009 and (EU) No 531/2012 (OJ L XXX, XX.XX.20XX, p. X).” Or. fr (http://eur-

2013/12/06
Committee: IMCO

Bernadette VERGNAUD, Marc TARABELLA

Proposal for a regulation
Article 36 – paragraph 1 – point 2 e (new)

Directive 2002/22/EC
Article 26 a (new)

(2 e)The following Article is inserted: “Article 26 a Reverse EU “112” system The Member States must ensure, through the utilisation of telecommunications networks, that a “reverse 112” communications system is established that covers the EU in its entirety, is universal, multilingual, accessible, straightforward and effective in order to alert the public in the event of an imminent or developing disaster or major state of emergency. The Commission, having consulted BEREC and civil defence services, shall, no later than (two years after the entry into force of the Regulation (XXX)*), lay down the standards and specifications necessary for the setting up of such a system, while taking into account existing national and regional systems and complying with legislation on the protection of private data. The Commission shall ensure that the ‘reverse 112’ system is operational no later than (four years following the entry into force of (XXX)1). __________________ * Regulation (EU) No XXX/20XX of the European Parliament and of the Commission of … 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/CE and Regulations (EC) No 1211:/2009 and (EU) No 531/2012 (OJ L XXX, XX.XX.20XX, p. X). ** Regulation (EU) No XXX/20XX of the European Parliament and of the Commission of … 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/CE and Regulations (EC) No 1211:/2009 and (EU) No 531/2012 (OJ L XXX, XX.XX.20XX, p. X).”

2013/12/06
Committee: IMCO

Activities of Bernadette VERGNAUD related to 2013/0309(COD)

Shadow opinions (1)

Amendments (11)

ParlTrack - 2011-2024