10 Amendments of Ivo BELET related to 2007/0248(COD)
Amendment 30 #
Proposal for a directive – amending act
Recital 23
Recital 23
(23) In order to take full advantage of the competitive environment, consumers should be able to make informed choices and to change providers when it is in their interest. It is essential to ensure that they can do so without being hindered by legal, technical or practical obstacles, including contractual conditions, procedures, charges etc. This does not preclude imposing reasonable minimum contractual periods (i.e. not exceeding one year) in consumer contracts. Number portability is a key facilitator of consumer choice and effective competition in competitive markets for electronic communications, and should be implemented with the minimum of delay. In order to be able to adapt number portability to market and technological evolution, including the possible porting of subscriber’s personal directories and profile information stored within the network, the Commission should be able to take technical implementing measures in this area. Assessment of whether technology and market conditions are such as to allow for porting of numbers between networks providing services at a fixed location and mobile networks should in particular take into account prices for users and switching costs for undertakings providing services at fixed locations and mobile networks.
Amendment 48 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Member States shall ensure and enforce without delay when required 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 a contract and regularly thereafter of any reasonable limitations imposed by the provider on their ability to access or distribute any lawful content or run any lawful applications and services of their choice. Such information shall be provided in a clear, comprehensive and easily accessible form.
Amendment 60 #
Proposal for a directive – amending act
Article 1 – point 13 – point b
Article 1 – point 13 – point b
Directive 2002/22/EC
Article 22 – paragraph 3
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)Member states shall ensure that the national regulatory authorities are able to set minimum quality of service requirements on undertakings providing public communications networks.
Amendment 61 #
Proposal for a directive – amending act
Article 1 – point 13 – point b a (new)
Article 1 – point 13 – point b a (new)
Directive 2002/22/EC
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
(ba) The following paragraph 3a is inserted: "3a. In order to ensure that users' ability to access or distribute lawful content or to run any lawful applications and services of their choice is not unreasonably restricted, Member States shall ensure that the national regulatory authorities are able to ensure that any limitations imposed by undertakings providing public communications networks on the ability of subscribers to access or distribute lawful content are duly justified."
Amendment 72 #
Proposal for a directive – amending act
Article 1 – point 18
Article 1 – point 18
Directive 2002/22/EC
Article 30 – paragraph 6
Article 30 – paragraph 6
6. Without prejudice to any reasonable minimum contractual period, national regulatory authorities shall ensure that conditions and procedures for termination of contract do not act as a disincentive for changing suppliers of services.
Amendment 80 #
Proposal for a directive – amending act
Article 2 – point 3 – point b
Article 2 – point 3 – point b
Directive 2002/58/EC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In case of a serious breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed in connection with the provision of publicly available electronic communications services in the Community that is harmful to the consumer, the provider of publicly available electronic communications services shall, without undue delay, notify the subscriber concerned and the national regulatory authority of such a breach. The notification to the subscriber shall at least describe the nature of the breach and recommend measures to mitigate its possible negative effects. The notification to the national regulatory authority shall, in addition, describe the consequences of and the measures taken by the provider to address the breach.
Amendment 81 #
Proposal for a directive – amending act
Article 2 – point 4
Article 2 – point 4
Directive 2002/58/EC
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that the storing of information, or gaining access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned is provided withhas given his prior consent based on clear and comprehensive information in accordance with Directive 95/46/EC, inter alia about the purposes of the processing and is offered the right to refuse such processing by the data controller. This shall not prevent any technical storage or access for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network, or as strictly necessary in order to provide an information society service explicitly requested by the subscriber or user. The subscriber's prior consent should always be sought separately from his agreement to the general provisions.
Amendment 82 #
Proposal for a directive – amending act
Article 2 – point 4 a (new)
Article 2 – point 4 a (new)
Directive 2002/58/EC
Article 6 – paragraph 3
Article 6 – paragraph 3
(4a) Article 6(3) is replaced by the following: '3. For the purpose of marketing electronic communications services or for the provision of value added services, the provider of a publicly available electronic communications service may process the data referred to in paragraph 1 to the extent and for the duration necessary for such services or marketing, if the subscriber or user to whom the data relate has given his/her prior consent. Users or subscribers shall be given clear and comprehensive information on the possibility to withdraw their consent for the processing of traffic data at any time. The procedures for withdrawing consent shall be easy and straightforward.
Amendment 83 #
Proposal for a directive – amending act
Article 2 – point 4 b (new)
Article 2 – point 4 b (new)
Directive 2002/58/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
(4b) Article 9(1) is replaced by the following: "1. Where location data other than traffic data, relating to users or subscribers of public communications networks or publicly available electronic communications services, can be processed, such data may only be processed when they are made anonymous and with the prior consent of the users or subscribers to the extent and for the duration necessary for the provision of a value added service. The service provider must inform the users or subscribers, prior to obtaining their consent, of the type of location data other than traffic data which will be processed, of the purposes and duration of the processing and whether the data will be transmitted to a third party for the purpose of providing the value added service. Users or subscribers shall be given clear and comprehensive information on the possibility to withdraw their consent for the processing of location data other than traffic data at any time. The procedures for withdrawing consent shall be easy and straightforward.
Amendment 86 #
Proposal for a directive – amending act
Article 2 – point 4 e (new)
Article 2 – point 4 e (new)
Directive 2002/58/EC
Article 13 – paragraph 2
Article 13 – paragraph 2
(4e) In Article 13 paragraph 2 is deleted.