Activities of Jacques TOUBON related to 2007/0248(COD)
Plenary speeches (1)
Electronic communications networks, personal data and the protection of privacy - Electronic communications networks and services - Body of European Regulators for Electronic Communications (BEREC) and the Office - Frequency bands for mobile communications (debate)
Amendments (15)
Amendment 11 #
Proposal for a directive – amending act
Recital 30 a (new)
Recital 30 a (new)
(30a) When implementing the measures for transposing Directive 2002/58/EC, the authorities and courts of the Member States must not only interpret their national law in a manner consistent with that directive but also make sure that they do not rely on an interpretation of it which would be in conflict with other fundamental rights or general principles of Community law, such as the principle of proportionality.
Amendment 36 #
Proposal for a directive – amending act
Article 2 – point 6 a (new)
Article 2 – point 6 a (new)
Directive 2002/58/EC
Article 15 – paragraph 1
Article 15 – paragraph 1
6a. Article 15(1) shall be replaced by the following: ‘1. Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in Article 5, Article 6, Article 8(1), (2), (3) and (4), and Article 9 of this Directive when such restriction constitutes a necessary, appropriate and proportionate measure within a democratic society to safeguard national security (i.e. State security), defence, public security, and the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the electronic communication system and protection of the rights and freedoms of other people, as referred to in Article 13(1) of Directive 95/46/EC. To this end, Member States may, inter alia, adopt legislative measures providing for the retention of data for a limited period justified on the grounds laid down in this paragraph. All the measures referred to in this paragraph shall be in accordance with the general principles of Community law, including those referred to in Article 6(1) and (2) of the Treaty on European Union.’
Amendment 91 #
Proposal for a directive – amending act
Recital 24
Recital 24
(24) A television broadcast is a linearLegal “must-carry” obligations may be applied to specified radio and audiovisual media services as dend ancillary services supplied by a specifined in themedia service provider. Audiovisual Mmedia Sservices Directiveare defined by Directive 2007/65/EC of the European Parliament and of the Council of [….] 2007, which is provided by11 December 2007 a mendia service provider for simultaneous viewing of programmes on the basis of a programme schedule; a media service provider may provide a number of audng Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or audio visual programme schedules (channels). Legal “must-carry” obligations may be applied, but only to specified broadcast channels supplied by a specified media service providerdministrative action in the Member States concerning the pursuit of television broadcasting activities1. Member States should provide a clear justification for the “must carry” obligations in their national law so as to ensure that such obligations are transparent, proportionate and properly defined. In that regard, “must carry” rules should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. “Must carry” rules should be periodically reviewed in order to keep them up-to-date with technological and market evolution in order to ensure that they continue to be proportionate to the objectives to be achieved. Given the rapid change in technology and market conditions such a full review would need to be carried out at least every three years and would require a public consultation of all stakeholders. One or more broadcast channels may be complemented byAncillary services include services to improve accessibility for users with disabilities, such as a videotext service, subtitling service, an audio description or sign language. _________ 1 OJ L 332, 18.12.2007, p. 27.
Amendment 99 #
Proposal for a directive – amending act
Recital 30 a (new)
Recital 30 a (new)
(30a) When implementing measures transposing Directive 2002/58/EC, the authorities and the courts of the Member States must not only interpret their national law in a manner consistent with the Directive, but also make sure that they do not rely on an interpretation thereof which would be in conflict with those fundamental rights or with the other general principles of Community law, such as the principle of proportionality.
Amendment 104 #
Proposal for a directive – amending act
Recital 37 a (new)
Recital 37 a (new)
(37a) It should be remembered regarding this Directive that recital 3 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, points out that, without effective means of enforcing intellectual property rights, innovation and creativity are discouraged and investment diminished. It is therefore necessary to ensure that the substantive law on intellectual property, which is nowadays largely part of the acquis communautaire, is applied effectively in the Community. In this respect, the means of enforcing intellectual property rights are of paramount importance for the success of the internal market.
Amendment 110 #
Recital 22 a (new)
(22a) Directive 2002/22/EC does not require providers to monitor information transmitted over their networks or to bring legal proceedings against their customers on grounds of such information, nor does it make providers liable for that information. Responsibility for launching criminal prosecution rests with the relevant authorities.
Amendment 116 #
Recital 26
(26) A competitive market should also ensure that users enjoyare able to have the quality of service they require, but in particular cases it may be necessary to ensure that public communications networks attain minimum quality levels so as to preventaddress unjustified degradation of service, the blocking of accesusage limitations and the slowing of traffic over networks.
Amendment 126 #
Article 1 – point 13
Directive 2002/22/EC
Article 20 – paragraph 1 – point (b) – indent 1
Article 20 – paragraph 1 – point (b) – indent 1
Amendment 132 #
Article 1 – point 13
Directive 2002/22/EC
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing connection to a public electronic communications network and/or 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 the provider’s traffic management policiany relevant limitations imposed by the undertaking, in accordance with national law, on a subscriber’s ability to access, use or distribute information or run applications or services; (c) 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 (d) 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.
Amendment 147 #
Article 1 – point 21 a (new)
Directive 2002/22/EC
Article 32 a (new)
Article 32 a (new)
(21a) the following Article shall be inserted: ‘Article 32a Member States shall ensure that any restrictions on the rights of users to access content, services and applications, if such restrictions are necessary, are implemented by appropriate measures, in accordance with the principles of proportionality, effectiveness and dissuasiveness. The measures shall be aimed at enhancing the development of the information society, in compliance with the EC legal order, and shall fully respect the fundamental rights protected by the Community legal order, including the right to privacy, the right to property, the right to due process and the right to an effective remedy.’
Amendment 169 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 6
Article 20 – paragraph 6
6. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of the contract and regularly thereafter of their obligations to respect copyright and related rights. Without prejudice to Directive 2000/31/EC on electronic commerce, this includes the obligation to inform subscribers of the most common acts of infringements and their legal consequences in a clear, comprehensive and easily accessible form.
Amendment 211 #
Proposal for a directive – amending act
Article 1 – point 15 – point b
Article 1 – point 15 – point b
Directive 2002/22/EC
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall ensure that all end- users provided with a publicly available telephof an electronic communicationes service can access directory enquiry services in accordance with Article 5(1)(b). and that operators controlling access to those services provide access on terms which are reasonable, non-excessive, objective, non-discriminatory and transparent.
Amendment 249 #
Proposal for a directive – amending act
Article 1 – point 19
Article 1 – point 19
Directive 2002/22/EC
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Member States may impose reasonable “must carry” obligations, for the transmission of specified radio and television broadcast channels and accessibilitaudiovisual media services and complementary services, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcastaudiovisual media services to the public where a significant number of end-users of such networks use them as their principal means to receive radio and television broadcastaudiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly and specifically defined by each Member State in its national law and shall be proportionate and transparent.
Amendment 255 #
Proposal for a directive – amending act
Article 1 – point 19
Article 1 – point 19
Directive 2002/22/EC
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
Thereafter, Member States shall review “must carry” obligations at least every three yearregular intervals.
Amendment 291 #
Proposal for a directive – amending act
Article 2 – point 6 a (new)
Article 2 – point 6 a (new)
Directive 2002/58/EC
Article 15 – paragraph 1
Article 15 – paragraph 1
(6a) Paragraph 1 of Article 15 is amended as follows: 1. The Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in Article 5, Article 6, Article 8(1), (2), (3) and (4) and Article 9 of this Directive when such restriction constitutes a necessary, appropriate and proportionate measure in a democratic society to safeguard national security (i.e. State security), defence, public security and the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the electronic communication system and the protection of the rights and freedoms of others, as referred to in Article 13(1) of Directive 95/46/EC. To that end, Member States may, inter alia, adopt legislative measures providing for the retention of data for a limited period justified on the grounds laid down in this paragraph. All the measures referred to in this paragraph shall be in accordance with the general principles of Community law, including those referred to in Article 6(1) and (2) of the Treaty on European Union.