19 Amendments of Maria MATSOUKA related to 2007/0248(COD)
Amendment 113 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2002/22/EC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that all reasonable requests for connection at a fixed location to a public communications network or connection to a cellular network are met by at least one undertaking.
Amendment 118 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2002/22/EC
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The connection provided shall be capable of supporting voice, facsimile and data communications, at data rates that are sufficient to permit functional Internet access, taking into account prevailing technologicomparable with average rates used by the majority of subscribers and taking into account technological feasibility.
Amendment 150 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2α (new)Τhe Member States shall ensure that the minimum period of contracts concluded between subscribers and electronic communication service providers does not exceed 12 months. For longer periods, subscribers shall be able, without extra charge, to change supplier or cancel the contract.
Amendment 151 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2002/22/EC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that all reasonable requests for provision of a telephone and data communication service over the network connection referred to in paragraph 1, allowing originating and receiving of national and international calls, data and calls to emergency services via the number “112”, are met by at least one undertaking.’
Amendment 158 #
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 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 limitations imposed by the provider on their ability to access or distribute lawful content or run any lawful applications and services of their choice. The national regulatory authorities must ensure that any limits imposed by providers on the scope for subscribers to have access to or distribute legal content is legally justified and does not lead to discrimination.
Amendment 178 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall ensure that transparent, comparable, adequate and up- to-date information on applicable prices and tariffs, and on standard terms and conditions, in respect of access to and use of the services identified in Articles 4, 5, 6, and 7 is available to end-users and consumers, in accordance with the provisions of Annex II.accordance with the provisions of Annex II. Such information shall be published in an easily accessible form.
Amendment 202 #
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) A following new paragraph 3a is inserted: 3a. National regulatory authorities shall ensure that telecommunications service providers enable subscribers to send and receive any form of content, make use of any service and application and connect with and make use of any hardware and software without discriminating against particular providers and without prejudice of the needs to preserve the integrity and security of the networks.
Amendment 246 #
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 minimal contractual period, nNational regulatory authorities shall ensure that minimum contract periods and conditions and procedures for termination of contract do not act as a disincentive for changing suppliers of services.’
Amendment 247 #
Proposal for a directive – amending act
Article 1 – point 18
Article 1 – point 18
Directive 2002/22/EC
Article 30 – paragraph 6 a (new)
Article 30 – paragraph 6 a (new)
6a Member States shall ensure that the minimum period for which contracts are concluded between subscribers and electronic communications providers shall not exceed 12 months. Over and above that period, subscribers shall be free to change company or cancel the contract without penalties.
Amendment 258 #
Proposal for a directive – amending act
Article 1 – point 20 – point a
Article 1 – point 20 – point a
Directive 2002/22/EC
Article 33 – paragraph 1– subparagraph 2
Article 33 – paragraph 1– subparagraph 2
1. ‘In particular, Member States shall ensure that national regulatory authorities establish a consultation mechanism ensuring that in their decision-making process due consideration is given to consumer interests in electronic communications are taken into account.'
Amendment 260 #
Proposal for a directive – amending act
Article 1 – point 20 – point b
Article 1 – point 20 – point b
Directive 2002/22/EC
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Member States shall submit a yearly report to the Commission and the Authority on the measures taken and the progress towards improving interoperability and use of, and access to, electronic communications services and terminal equipment by disabled end-userusers in general including disabled users, the elderly and those with special social needs.
Amendment 265 #
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2002/22/EC
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
Member States shall ensure that transparent, simple and, inexpensive and effective out-of-court procedures are available for dealing with unresolvedthe independent arbitration of disputes between consumers and undertakings providing electronic communications networks and/or services, relating to the contractual conditions and/or performance of contracts concerning supply of such networks or services. Member States shall adopt measures to ensure that such procedures enable disputes to be settled fairly and promptly and may, where warranted, adopt a system of reimbursement and/or compensation. Member States may extend these obligations to cover disputes involving other end-users.
Amendment 283 #
Proposal for a directive – amending act
Article 2 – point -1 (new)
Article 2 – point -1 (new)
Directive 2002/58/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
(-1) Article 1(2) is amended as follows: 2. The provisions of this directive enlarge on and complement those of Directive 95/46/ΕC for the purposes mentioned in paragraph 1. Moreover, they provide for protection of the legitimate interests of subscribers, whether they are natural or legal persons.
Amendment 284 #
Proposal for a directive – amending act
Article 2 – point 3 a (new)
Article 2 – point 3 a (new)
Directive 2002/58/EC
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
(3a) The following paragraph 5 is added: 4a, Internet providers must offer consumers a suitable level of technological safety either free of charge or at reasonable prices;
Amendment 285 #
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 with clearprohibited unless the subscriber has given explicit acknowledgement that clear, easily accessible and comprehensive information has been provided 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. Standard clauses allowing such access or storage shall be considered unlawful under the terms of Directive 93/13/EEC.
Amendment 287 #
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 amended as follows: 3. For the purposes 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 specific prior consent. Users or subscribers shall be given clear and comprehensive information concerning the possibility to withdraw their consent for the processing of traffic data at any time. Cancellation of consent must be a simple process.
Amendment 288 #
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
Amendment 289 #
Proposal for a directive – amending act
Article 2 – point 4 c (new)
Article 2 – point 4 c (new)
Directive 2002/58/EC
Article 13 – paragraph 2
Article 13 – paragraph 2
(4c) In Article 13, paragraph 2 is deleted
Amendment 290 #
Proposal for a directive – amending act
Article 2 – point 4 d (new)
Article 2 – point 4 d (new)
Directive 2002/58/EC
Article 13 – paragraph 5
Article 13 – paragraph 5
(4d) In Article 13, paragraph 5 is deleted