BETA

19 Amendments of Herbert REUL related to 2007/0248(COD)

Proposal for a directive – amending act
Recital 24

(24) ~~A television broadcast is a linear audiovisual media service as de~~Legal “must-carry” obligations may be applied, but only to specified broadcast, audiovisual or supplementary services, supplied by a specifined ~~in the~~media service provider. Audiovisual ~~Media S~~services ~~Directive~~are defined in Directive 2007/65/EC of the European Parliament and of the Council of ~~[….] 2007, which is provided by~~11 December 2007 a mendi~~a service provider for simultaneous viewing of programmes on the basis of a programme schedule; a media service provider may provide a number of aud~~ng Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or a~~udio visual programme schedules (channels). Legal “must-carry” obligations may be applied, but only to specified broadcast channels supplied by a specified media service provider~~dministrative action in 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 bySupplementary services may be 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.

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Recital 26 a (new)

(26a) In accordance with the subsidiarity principle, the regulatory model of this directive is based on the principle of decentralised regulation in the Member States, giving the national authorities responsibility for supervision of the national markets in line with certain common objectives. In the primarily nationally-oriented consumer markets, consumer protection and in particular the protection of disabled people’s interests are affected by conditions such as existing laws and co- and self-regulation. Commission guidelines will help to achieve a high level of consumer protection in the Member States.

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 1

Directive 2002/22/EC
Article 1 – paragraph 2 a (new)

2a. In the areas that are harmonised in this directive, the Member States shall encourage co-and self-regulation at national level, as far as their laws allow.

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 5

Directive 2002/22/EC
Article 7 – paragraph 2

2. Member States shall take specific measures, in the light of national conditions and the co- and self-regulation codes adopted by the industry, to ensure that disabled end- users can also take advantage of the choice of undertakings and service providers available to the majority of end-users.

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 10 – point a

Directive 2002/22/EC
Article 17 – paragraph 1

a) Paragraph 1 is replaced by the following: ‘1. national regulatory authorities impose appropriate regulatory obligations on undertakings identified as having significant market power on a given retail market in accordance with Article 14 of Directive 2002/21/EC (Framework Directive): (a) analysis carried out in accordance with Article 16 of Directive 2002/21/EC (Framework Directive) a nationaldeleted Member States shall ensure that where as a regsulatory authority determines that a given retail market identified in accordance with Article 15 of Directive 2002/21/EC (Framework Directive) is not effectively competitive, and (b) authority concludes that obligations imposed under Directive 2002/19/EC (Access Directive), would not result in the achievement of the objectives set out in Article 8 of Directive 2002/21/EC (Framework Directive).’t of a market where the national regulatory

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 10 – point a a (new)

Directive 2002/22/EC
Article 17 – paragraph 2

(aa) Paragraph 2 is deleted.

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2002/22/EC
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.deleted

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2002/22/EC
Article 20 – paragraph 7

7. Subscribers shall have a right to withdraw from their contracts without penalty upon notice of modifications in the contractual conditions proposed by operators. Subscribers shall be given adequate notice, not shorter than one month, ahead of any such modifications and shall be informed at the same time of their right to withdraw, without penalty, from such contracts, if they do not accept the new conditions.“ This right may only be exercised when the modifications are disadvantageous for the subscriber.

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2002/22/EC
Article 21 – paragraph 4

4. Member States shall ensure, if co- and self-regulatory measures prove ineffective, that national regulatory authorities are able to oblige undertakings providing electronic communications services to provide applicable tariff information to customers at the time and point of purchase to ensure that customers are fully informed of pricing conditions.

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2002/22/EC
Article 21 – paragraph 6

6. In order to ensure that end-users can benefit from a consistent approach to tariff transparency, as well as to the provision of information in accordance with Article 20(5) in the Community, the Commission may~~, having consulted the European Electronic Communications Market Authority (hereinafter referred to as “the Authority”), take the appropriate technical implementing measures in this area,~~ introduce guidelines such as to specify the methodology or procedures. 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). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3).

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 13 – point b

Directive 2002/22/EC
Article 22 – paragraph 3

3. In order to prevent degradation of service and slowing of traffic over networks, the Commission may, having consulted the Authority, adopt technical implementing measures concerning minimum quality of service requirements to be set by the national regulatory authority on undertakings providing public communications networks. These 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). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3).’and national regulatory authorities may propose minimum quality of service requirements for the best possible service provision, including for ‘voice-over IP’ services. The proposals should take account of internationally recognised standards.

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 16

Directive 2002/22/EC
Article 26 - paragraph 7

7. In order to ensure the effective implementation of “112” services in the Member States, including access for disabled end-users when travelling in other Member States, the Commission, having consulted the Authority, may adopt technical implementing measures. 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). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3) may introduce guidelines.

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 16

Directive 2002/22/EC
Article 28 – paragraph 2

2. In order to ensure that end users have effective access to numbers and services in the Community, the Commission may, having consulted the Authority, adopt technical implementing measures. These 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). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3). Any such technical implementing measure may be periodically reviewed to take account of market and technological development introduce guidelines.

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 18

Directive 2002/22/EC
Article 30 – paragraph 1

1. Member States shall ensure that all subscribers with numbers from the national numbering plan who so request can retain their number(s) independently of the undertaking providing the service in accordance with the provisions of Annex I, part C..deleted

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 19

Directive 2002/22/EC
Article 31 – paragraph 1 – first subparagraph

1. Member States may impose reasonable “must carry” obligations, for the transmission of specified raudio ~~and television broadcast channels and accessibilit~~visual media services and supplementary services, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or ~~television broadcast~~audiovisual media services to the public where a significant number of end-users of such networks use them as their principal means to receive radio and ~~television broadcast~~audiovisual 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. .

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 19

Directive 2002/22/EC
Article 31 – paragraph 1 – third subparagraph

Member States shall review “must carry” obligations at ~~least every three year~~regular intervals.

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 20

Directive 2002/22/EC
Article 33 – paragraph 4

4. Without prejudice to the application of Directive 1999/5/EC and in particular of disability requirements pursuant to its Article 3(3)(f), and in order to improve accessibility to electronic communications services and equipment by disabled end- users, the Commission may~~, having consulted the Authority,~~ introduce guidelines and take the appropriate technical implementing measures to address the issues raised in the report referred to in paragraph 3, following a public consultation. These 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). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3.

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 24

Directive 2002/22/EC
Article 37 – paragraph 2

~~2. Where reference is made to this paragraph, Article 5a (1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.~~deleted

2008/04/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 24

Directive 2002/22/EC
Article 37 – paragraph 3

~~3. Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.~~deleted

2008/04/17
Committee: ITRE